Lunt v. Lunt

(after stating the case as above).

Whatever may b.e the' rule in other jurisdictions, the authorities in this State abundantly support the view that an action will lie to set aside a judgment procured by the false and perjured testimony of the party in whose favor the judgment was rendered when the party against whom such judgment was rendered was not personally served; was not wanting in diligence in presenting his defenses in the original action; was prevented from so doing by the wrongful conduct of the adverse party, and who moves with due diligence to set aside the judgment after the same…