Johnson v. Johnson

Since Friese v. Hummel, 26 Or 145, 37 P 458 (1894), this court has recognized a distinction between extrinsic and intrinsic fraud in granting relief from a judgment. We have held that relief will be granted on the basis of extrinsic fraud, but will be denied if the fraud is intrinsic. Extrinsic fraud consists of collateral acts not involved in the fact finder’s consideration of the merits of the case. On the other hand, intrinsic fraud consists of acts which pertain to the merits. Slate Const. Co. v. Pac. Gen. Con., Inc., 226 Or 145, 151, 359 P2d 530 (1961); Friese v. Hummel, supra.

Plaintiffs…