McGinnity v. Dowd
North Dakota Supreme Court
■ Appeal from the District Court of Williams County, Honorable K. E. Leighton, Judge. If the original complaint was sufficient, it was reversible error to sustain the demurrer. If the proposed amended complaint was sufficient it was reversible error not to allow the amendment of the original complaint. Miller v. Nat. Elev.
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■ Appeal from the District Court of Williams County, Honorable K. E. Leighton, Judge. If the original complaint was sufficient, it was reversible error to sustain the demurrer. If the proposed amended complaint was sufficient it was reversible error not to allow the amendment of the original complaint. Miller v. Nat. Elev. Co. 32 N. D. 357. A Federal court may enjoin a personal-injury judgment rendered by a state court if it subsequently appears that the injury of which tho plaintiff complained was simulated. Chicago, P. I. & P. P. Co. v. Callicotte, 267 Fed. 799. “When parties have exhausted…
1ConcurrenceChristianson, J.
(concurring specially.) I concur in the disposition made of this case in the opinion prepared by Mr. Chief Justice Itobinson, but I do not concur in all that is said in that opinion.
While it is well settled that equity will afford relief against a judgment obtained by means of fraud (extrinsic or collateral to the matters involved in the action in which the judgment was rendered), where the party against whom the judgment was rendered brings himself within the equitable principles justifying such relief, it is equally well settled that a party seeking such- relief must show not only fraud,…
2Cases cited1 opinion
- Beyer v. Investor's SyndicateNorth Dakota Supreme Court · 1921