Fowler v. Fowler

The power to vacate judgments was conceded by the common law to all its courts. Within its proper limitations it is a power inherent in all courts of record and independent of statute. It may be exercised by the court either of its own motion or suggestion by a party or interested person. At common law this power was exercised in a great variety of circumstances and subject to various restraints. 1 Freeman on Judgments, 5 ed., part sec. 194.

There is a vast difference between void and voidable judgments. It is a universally accepted rule that a judgment which is absolutely void may be vacated…