Friese v. Hummel
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit by Louise Friese to set aside a former decree of this court, rendered March twenty-ninth, eighteen hundred and ninety-two, in the case of Hummel v. Friese, 24 Or. 286, 29 Pac. 488, and for a new trial, on account of the alleged perjury of a witness.
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit by Louise Friese to set aside a former decree of this court, rendered March twenty-ninth, eighteen hundred and ninety-two, in the case of Hummel v. Friese, 24 Or. 286, 29 Pac. 488, and for a new trial, on account of the alleged perjury of a witness. The plaintiff, for cause of suit, alleges inter alia: “That by perjury and fraud the plaintiff in the suit above named in this answer (referring to the answer in the former decree) had sufficient testimony to warrant the court in ordering and entering the decree above set forth. That…
1Per curiam
Did the complaint state sufficient facts to entitle the plaintiff to the equitable relief demanded, is the question involved in this suit. A court of equity may, by an original bill in the nature of a bill of review, set aside a decree obtained by the fraud of the prevailing party, where the acts or conduct constituting such fraud were not involved in the consideration of the merits: 2 Freeman on Judgments (4th ed.), § 485. A judgment or decree procured by perjury is doubtless a fraud, and such as would induce equity to grant relief, were it not for the fact that its existence can rarely or…
2Cases cited4 opinions
- Pico v. CohnCalifornia Supreme Court · 1891
- Ross v. . WoodNew York Court of Appeals · 1877
- United States v. FlintU.S. Circuit Court for the District of California · 1876
- Cotzhausen v. KertingU.S. Circuit Court for the District of Eastern Wisconsin · 1886
3Cited by30 opinions
- Graves v. GravesSupreme Court of Iowa · 1906
- Lieber v. LieberSupreme Court of Missouri · 1911
- Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1910
- Larson v. Heintz Construction Co.Oregon Supreme Court · 1959
- Johnson v. JohnsonOregon Supreme Court · 1986
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