Mather v. Parsons
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered in Jefferson county upon the report of a referee. The action was brought to set aside a judgment entered in Oswego county October 25, 1875, in favor of (filbert E. Parsons against his father Elijah Parsons, now deceased, for $2,060 damages and $16.69 costs.
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Appeal from a judgment in favor of the plaintiffs, entered in Jefferson county upon the report of a referee. The action was brought to set aside a judgment entered in Oswego county October 25, 1875, in favor of (filbert E. Parsons against his father Elijah Parsons, now deceased, for $2,060 damages and $16.69 costs. The judgment was entered October 25,1875. The plaintiffs, the executor and widow of Elijah, set out in their complaint the circumstances attending the recovery of the judgment somewhat in detail, and allege that the “ said judgment is wholly without consideration, and that the same…
1Opinion of the Court
HabdiN, J.:
Courts of equity have power and jurisdiction to set aside judgments procured by fraud. Precedents in the exercise ot such power and jurisdiction are numerous. The principle upon which the *341courts proceed is that fraud vitiates judgmeuts and proceedings to obtain judgments. (Stilwell v. Carpenter, 59 N. Y., 423; Smith v. Nelson, 62 id., 288; Dobson v. Pearce, 12 N. Y., 156.)
Judge Andeews, speaking for'tlie Court of Appeals in Stilwell v. Carpenter (supra), uses language appropriate and suitable for that case, and useful to have in mind in considering the case in hand; the judge says:…
2Cases cited14 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Dobson v. . PearceNew York Court of Appeals · 1854
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Ross v. . WoodNew York Court of Appeals · 1877
- Nicolay v. . UngerNew York Court of Appeals · 1880
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