Dixon v. Graham
Supreme Court of Iowa
Appeal from Lee' District Court.- The petition was' filed in February, 1862, to'enjoin the collection of a judgment, which it is alleged that the defendant, Graham, obtained against the plaintiff in December, 1857; and for a new trial in the action in which the judgment'was rendered. The main ground for'the relief askéd consists ran-the allegations of'-the plaintiff,. that the said judgment against him was procured by the-false and fraudulent testimony of one Hamilton.
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Appeal from Lee' District Court.- The petition was' filed in February, 1862, to'enjoin the collection of a judgment, which it is alleged that the defendant, Graham, obtained against the plaintiff in December, 1857; and for a new trial in the action in which the judgment'was rendered. The main ground for'the relief askéd consists ran-the allegations of'-the plaintiff,. that the said judgment against him was procured by the-false and fraudulent testimony of one Hamilton. A demurrer to the-petition and amended petition being sustained, the plaintiff appeals. cited Story Eq: Jur.,§§874,879-883.…
1Opinion of the CourtDillon, J.
The petition in this causéis in substance an application to a court of equity to grant a new trial after a judgment at law.! ' •
Bills of this kind were ever regarded with'great jealousy by courts of equity, as tending to unsettle the judgment of courts, and to re-open, renew and ■ protract litigation. But in modern times, when liberal provisions aré'made by statute for the granting of new trials; and when this power is liberally and intelligently exercised by the courts in which it resides, and its improper exercise is the subject of review on appeal, the instances in which equity interferes…
2Cases cited11 opinions
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Smith v. LowryNew York Court of Chancery · 1814
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- Arnold v. GrimesSupreme Court of Iowa · 1855
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3Cited by10 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Tucker v. StewartSupreme Court of Iowa · 1903
- Cottle v. ColeSupreme Court of Iowa · 1866
- Brooks v. O'Hara Bros.United States Circuit Court · 1881
- Pepin v. LautmanIndiana Court of Appeals · 1901
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