Legal Opinion

Balip Automotive Repairs, Inc. v. Schroeder

New Jersey Superior Court Appellate Division

Decided November 30, 1949PublishedCited by 3 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Defendant, Atlantic Casualty Insurance Company, has applied under Rule 3:60-2(3) for relief from a final judgment in favor of plaintiff entered on a jury verdict. The cited rule authorizes relief on motion when it is established that the final judgment is the product of "fraud (whether heretofore denominated intrinsic or extrinsic)" of an adverse party. The fraud charged here is the alleged perjured testimony of plaintiff's president which supplied the essential…

2Cases cited27 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  3. Fealey v. FealeyCalifornia Supreme Court · 1894
  4. McClung v. FolksSupreme Court of Virginia · 1919
  5. State v. HunterNew Jersey Superior Court Appellate Division · 1949

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3Cited by3 opinions

  1. Pizzi v. BakerNew Jersey Superior Court Appellate Division · 1952
  2. Gilgallon v. BondNew Jersey Superior Court Appellate Division · 1995
  3. Forrest v. ForrestNew Jersey Superior Court Appellate Division · 1990

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