Penniston v. Miller

The complaint challenged by the general demurrer, from the order overruling which this appeal was taken, alleges that the judgment which is sought to be set aside was procured fraudulently by the false and perjured testimony- of defendant (respondent here and plaintiff in the former action) and another witness. The issue to which the alleged perjured testimony was directed was very simple, and raised only the question as to whether or not a farm was susceptible of drainage. The complaint shows very clearly that the false swearing had to do with nothing else. That issue was the only one…