Oliver Iron Mining Co. v. Pneff

I cannot concur in the opinion of Mr. Justice POTTER.

The award was for and during total disability. Defendant Pneff was not totally disabled during the 13 months he worked for plaintiff and received $885.04 for his services. This, of course, he knew, and it was a fraud on his part and an imposition on the court to take judgment on the certificate for total disability during the 13 months he worked and suffered no such disability.

"Fraud practiced in the very matter of obtaining the judgment is regarded as perpetrated upon the court, as well as upon the injured party, and will warrant a court…