Zounich v. Anderson
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Suit in equity to set aside judgment for fraud. Judgment for plaintiff. “The acts for which a court of equity may on account of fraud set aside or annul a judgment at law between the same parties have relation only to fraud which is extrinsic or collateral to the matter tried by the first court and not to fraud in the matter on which the judgment was rendered.”
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Suit in equity to set aside judgment for fraud. Judgment for plaintiff. “The acts for which a court of equity may on account of fraud set aside or annul a judgment at law between the same parties have relation only to fraud which is extrinsic or collateral to the matter tried by the first court and not to fraud in the matter on which the judgment was rendered.” (15 R. C. L. 762; United States v. Throckmorton, 98 U. S. 61, 25 L. ed. 93; 23 Cyc. 1027; Pico v. Cohn, 91 Cal. 129, 25…
1Opinion of the CourtMcCAETHY, J.
Eespondent brought this action to set aside a default judgment obtained against him by appellant in the district court for Kootenai county claiming that it had been obtained through a fraud perpetrated upon him by the appellant and his attorney. The judgment from which relief was sought was one for damages growing out of a cutting by respondent of timber belonging to appellant. The amended complaint upon which the judgment in the instant case was predicated alleges that the judgment complained of was rendered on the false testimony of appellant in regard to the value of the timber. It also…
2Cases cited8 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Donovan v. MillerIdaho Supreme Court · 1906
- Baker v. O'RiordanCalifornia Supreme Court · 1884
- California Beet Sugar Co. v. PorterCalifornia Supreme Court · 1886
- Kemmerer v. PollardIdaho Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nelson v. HoffIdaho Supreme Court · 1950
- Robinson v. RobinsonIdaho Supreme Court · 1949
- Independence Lead Mines Co. v. KingsburyCourt of Appeals for the Ninth Circuit · 1949
- Clark v. ClarkMontana Supreme Court · 1922
- Keane v. AllenIdaho Supreme Court · 1949
7 more not listed; retrieve them via the Exa API.