Dringer v. Receiver of the Erie Railway
New Jersey Court of Chancery
1. While courts of equity have no authority to sit in judgment on the lawful acts of other tribunals, or to examine their acts to see whether they, in the exercise of their powers, have committed error or not, their power to annul a judgment or decree which has been procured by fraud is undoubted, whether such judgment or decree be the sentence of a tribunal standing above or below them. 2. But in such case the fraud, in order to confer jurisdiction, must consist in…
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1. While courts of equity have no authority to sit in judgment on the lawful acts of other tribunals, or to examine their acts to see whether they, in the exercise of their powers, have committed error or not, their power to annul a judgment or decree which has been procured by fraud is undoubted, whether such judgment or decree be the sentence of a tribunal standing above or below them. 2. But in such case the fraud, in order to confer jurisdiction, must consist in something extrinsic or outside of the matter which was actually tried, or so in issue that it might have been tried, in the suit…
1Opinion of the Court
YaN Fleet, Y. 0.
The defendant demurs to the complainant’s bill for want of equity, and the question which this condition of the pleading presents is whether, taking every fact set forth in the bill to be true, a case is made which entitles the complainant to the relief he asks. The object of the bill is to obtain relief against a decree entered in this court on the mandate of the court of errors *574and appeals. This relief is asked on the ground of fraud, the ■charge of the complainant being that the decree against which he seeks relief was procured by fraud, and that if there had been no fraud,…
2Cases cited4 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- In re the Estate of AtkinsonSupreme Court of New Jersey · 1916
- Snyder v. TaylorNew Jersey Court of Chancery · 1918
3Cited by10 opinions
- Brown v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1939
- Second National Bank of Phila. v. ThompsonNew Jersey Court of Chancery · 1947
- Gray v. CholodenkoNew Jersey Superior Court Appellate Division · 1955
- In Re KuserNew Jersey Superior Court Appellate Division · 1942
- Falcon B. L. Assn. v. SchwartzNew Jersey Court of Chancery · 1936
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