Meyers v. Smith
Nebraska Supreme Court
Error, from the district court of Richardson county. Tried below before Stull, J. The opinion contains a statement of the case. A judgment affirmed by the court of last resort can not be opened in a suit in equity. See Godde v. Mahiat, 66 N. W. Rep. [Mich.], 1093; Gray v. Barton, 62 Mich., 186. A court of equity can not set aside a judgment at law because of the perjury of a witness who testified in the action at law. See United States v. Throckmorton, 98 TJ.
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Error, from the district court of Richardson county. Tried below before Stull, J. The opinion contains a statement of the case. A judgment affirmed by the court of last resort can not be opened in a suit in equity. See Godde v. Mahiat, 66 N. W. Rep. [Mich.], 1093; Gray v. Barton, 62 Mich., 186. A court of equity can not set aside a judgment at law because of the perjury of a witness who testified in the action at law. See United States v. Throckmorton, 98 TJ. S., 61; Mayor v. Brady, 115 N. Y., 599; Gotzhausen v. Kerting, 29 Fed. Rep., 821. A court of equity will not set aside a judgment at…
1Opinion of the CourtHarrison, C. J.
In an action of criminal conversation Haines Meyers obtained a judgment against John R. Smith in the sum of |3,000, and in an error proceeding the judgment was affirmed, both on its first submission and rehearing. The first opinion is reported in 52 Nebr., 70, and the one on rehearing in 54 Nebr., 1. It was filed February 17,1898. On February 28,1898, a petition was filed in the district court of Richardson county for John R. Smith, the prayer of Which was that a temporary injuction be granted against the enforcement of Haines Meyers of his judgment, also that upon final hearing the judgment…
2Cases cited2 opinions
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