Mottu v. . Davis
Supreme Court of North Carolina
Appeal from Guión, J., at tbe April Term, 1910, of Edge-combe. This case was before tbe Court at Fall Term, 1909, and is reported in 151 N. C., 237. Tbe Court tben directed tbat an issue as to tbe jurisdiction of tbe Corporation Court of Manchester, Virginia, be submitted to tbe jury.
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Appeal from Guión, J., at tbe April Term, 1910, of Edge-combe. This case was before tbe Court at Fall Term, 1909, and is reported in 151 N. C., 237. Tbe Court tben directed tbat an issue as to tbe jurisdiction of tbe Corporation Court of Manchester, Virginia, be submitted to tbe jury. After tbe certificate of tbis Court bad been filed in tbe Superior Court, the defendant moved to amend bis answer by substituting for tbe fifth section, tbe following: “Tbe defendant is informed and believes, and so alleges, tbat plaintiff obtained tbe judgment upon fraudulent, false, material and pertinent…
1Opinion of the Court
Walker, I.
The defendant has not, in the amendment of his answer, presented a case which entitled him to the favorable consideration of the Court. It has been held by many courts, and the text writers seem to adopt the principle as settled by the great weight of authority, that perjury being intrinsic fraud, is not ground for equitable relief against a judgment resulting from it, but the fraud which warrants equity in interfering with such a solemn thing as a judgment must be such as is practiced in obtaining the judgment and which prevents the losing party from having an adversary trial of…
2Cases cited7 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- United States v. BeebeSupreme Court of the United States · 1901
- Simmons v. . MannSupreme Court of North Carolina · 1885
- Turner v. Davis.Supreme Court of North Carolina · 1903
- Dyche v. . PattonSupreme Court of North Carolina · 1857
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