Amberg v. Deaton

This case presents two principal questions: (1) Does the complaint allege a type of fraud which warrants a court of equity in enjoining enforcement of a judgment? (2) Does the fact that the basis of this judgment is an award by the industrial commission, which is not subject to being set aside upon review for fraud of the applicant, affect the jurisdiction of a court of equity to enjoin its enforcement ? The complaint presents a case of intrinsic rather than extrinsic fraud; that is to say, the alleged fraud consists of wilful perjury by the applicant. The weight of authority is to the effect…