Miller v. Albaugh
Supreme Court of Iowa
Appeal from Louisa District Court. This is a proceeding to vacate a judgment, and is brought under section 3501 of the Revision, to obtain the benefit of subdivisions 4 and 7 of section 3499. The petition was filed on the 21st day of March, 1867, and states, that, at the October Term, 1866, the defendant, Albaugh, in a causé entitled T. J. Moore, for the use of John Albaugh, v. Wm.
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Appeal from Louisa District Court. This is a proceeding to vacate a judgment, and is brought under section 3501 of the Revision, to obtain the benefit of subdivisions 4 and 7 of section 3499. The petition was filed on the 21st day of March, 1867, and states, that, at the October Term, 1866, the defendant, Albaugh, in a causé entitled T. J. Moore, for the use of John Albaugh, v. Wm. P. Miller cmd J. S. Grubb, recovered a judgment by default, for $274.91, upon a non-negotiable note, made by said judgment defendants and another, to said Moore, dated September 26, 1856, payable in thirty days;…
1Opinion of the CourtCole, J.
i. judgment: fraua. By section 3499 of the Revision of 1860, it is provided, that the District Court shall have power, after the term at which a final order or judgment is made, to vacate the same (subdivision 4), “ for fraud practiced by the successful party in obtaining the judgment or order.” The only fraud alleged in this case, is, that Albaugh in hia petition stated, that the note was his individual property. It may admit of question, whether a false statement in a pleading, which the opposite party has a full and fair opportunity to deny, can, under any circumstances, amount to fraud.
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