Chicago & Alton Railroad v. Lammert

Ho reason is perceived why the second plea of appellant, if true, does not present a good defense to this action. This defense does not consist in the fact that the deposition of Snrsa was false alone, but rather in the fact that appellee, by his attorney, procured the false testimony knowing that it was false. If the facts alleged in the plea are true, and appellee had, by means of the evidence of 'Sursa, obtained a judgment, no court would have hesitated to set it aside as obtained through fraud. If the fraud was discovered before the fruits had been realized, certainly no court would lend…