Schendel v. Chicago, Milwaukee & St. Paul Railway Co.

(concurring.)

Fraud should he a good defense to a foreign judgment. This means such fraud as deprives a party of a defense. Judicial acts if mixed with fraud are void. Any other theory would permit a party to derive a benefit from his own misconduct. Fraud as herein used relates to fraud in procuring the jurisdiction and not to a fraud which vitiates the cause of action. Payne v. O’Shea, 84 Mo. 129; Wilson v. Anthony, 72 N. J. Eq. 836, 66 Atl. 907; U. S. v. Throckmorton, 98 U. S. 61, 25 L. ed. 93; Vance v. Burbank, 101 U. S. 514, 25 L. ed. 929; Greenameyer v. Coate, 212 U. S. 434, 444, 29 Sup.…