Brown v. South Street Lumber Co.

In my opinion my conscientious colleagues have erred in their interpretation and application of the law, with the result that a serious miscarriage of justice will occur if the majority opinion is allowed to stand.

The majority has held that a default judgment rendered in 1965 should be annulled because an officer of the defendant corporation committed perjury. Under my conception of the law and evidence, this extremely harsh conclusion was reached without any legal or factual basis at all. Because of the serious, and I think unjustified, injury which will be done to that officer, and because…