Abrams v. White
Idaho Supreme Court
APPEAL from the District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Judgment for defendants, from which plaintiffs appeal. The facts are stated in the opinion. Equity has the power to set aside .the judgment or decree of any court. (Pomeroy’s Equity Jurisprudence, see. 919.) Whenever a judgment or decree of any court has been obtained by fraud, the fraud is regarded as perpetrated upon the court, and equity will cancel it.
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APPEAL from the District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Judgment for defendants, from which plaintiffs appeal. The facts are stated in the opinion. Equity has the power to set aside .the judgment or decree of any court. (Pomeroy’s Equity Jurisprudence, see. 919.) Whenever a judgment or decree of any court has been obtained by fraud, the fraud is regarded as perpetrated upon the court, and equity will cancel it. (Pomeroy’s Equity Jurisprudence, sec. 919.) In the exercise of its power in civil causes the probate court is of peculiar and limited jurisdiction, and…
1Opinion of the CourtStockslager, C. J.
— This case is before us on appeal from the district court of Nez Perce county. Plaintiff filed her complaint to which an answer was filed by some of the defendants. Afterward plaintiff had permission to amend her complaint, which was done, and thereafter demurrers were filed by all of the defendants. The only one appearing *500in the record being that of defendant, Elizabeth White, which is as follows: “1. That the said complaint shows upon its face that there is a misjoinder of the parties defendant, in this, that Charles L. McDonald is improperly united as a party defendant in said cause; 2.…
2Cases cited1 opinion
- Clark v. RossierIdaho Supreme Court · 1904
3Cited by5 opinions
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- Idaho Trust Co. v. MillerIdaho Supreme Court · 1909
- Moser v. Pugh-Jenkins Furniture Co.Idaho Supreme Court · 1918
- Ludwig v. HollingsworthWashington Supreme Court · 1929
- Little v. MorrisIdaho Supreme Court · 1930