Anderson v. Coolin
Idaho Supreme Court
APPEAL from tbe District Court of tbe Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to vacate and set aside a judgment. Judgment for defendants. “A court of equity will not restrain the enforcement of a judgment at law on the ground of perjury or fraud in obtaining it, unless such fraud is extrinsic and collateral to the question examined and determined in the action.”
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APPEAL from tbe District Court of tbe Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to vacate and set aside a judgment. Judgment for defendants. “A court of equity will not restrain the enforcement of a judgment at law on the ground of perjury or fraud in obtaining it, unless such fraud is extrinsic and collateral to the question examined and determined in the action.” (Donovan v. Miller, 12 Ida. 600, 606, 88 Pac. 82, 9 L. R. A., N. S., 524, 10 Ann. Cas. 444.) This case falls within the exception pointed out in the Donovan-Miller case and noted in the leading…
1Opinion of the CourtMorgan, J.
This action was commenced for the purpose of procuring to be vacated, set aside and held for naught a judgment decreeing the foreclosure of a real estate mortgage in case of Andrew Coolin, Plaintiff, v. W. A. Anderson, Defendant, which arose in Kootenai county and resulted in the judgment, above mentioned, being made and entered in favor of Coolin from which Anderson appealed to this court and which was affirmed. A complete statement of the facts *497of that case is to be found reported in Coolin v. Anderson, 26 Ida. 47, 140 Pac. 969, and, so far as they apply to this case, will be adopted and…
2Cases cited4 opinions
- Craig v. Palo Alto Stock FarmIdaho Supreme Court · 1909
- Smith v. SmithIdaho Supreme Court · 1894
- Fales v. Weeter Lumber Co.Idaho Supreme Court · 1914
- Coolin v. AndersonIdaho Supreme Court · 1914
3Cited by5 opinions
- Rivera v. JohnstonIdaho Supreme Court · 1951
- Dunn v. Boise CityIdaho Supreme Court · 1929
- Utah Implement-Vehicle Co. v. KenyonIdaho Supreme Court · 1917
- Ritter v. MooreIdaho Supreme Court · 1942
- Rivera v. JohnstonIdaho Supreme Court · 1951