Spooner v. Spooner
Supreme Court of Minnesota
This action was brought in the district court.for Hennepin county to set aside a judgment of the same court in favor of defendant, in a former suit between the same parties, because obtained by the defendant’s fraud and perjury. A demurrer to the complaint was sustained by Young, J., and judgment thereon entered for the defendant, from which the plaintiff appealed.
1Opinion of the CourtBerry, J.
“In all cases where judgment heretofore has. been, or hereafter may. be, obtained in any court of record,, by means of the perjury, subornation of perjury, or any fraudulent act, practice or representation of the prevailing party, an action may he brought by the party aggrieved, to-set aside said judgment, at any time within three years after-the discovery by him of such perjury, subornation of perjury,. *139or of the facts constituting such fraudulent act, practice or representation. Such action shall be commenced in the judicial district where such judgment was rendered, and in such action the…
2Cases cited1 opinion
- Wieland v. ShillockSupreme Court of Minnesota · 1877
3Cited by4 opinions
- Hass v. BillingsSupreme Court of Minnesota · 1889
- Geisberg v. O'LaughlinSupreme Court of Minnesota · 1903
- Hayward v. LarrabeeSupreme Court of Minnesota · 1908
- Newton v. ThorntonNew Mexico Supreme Court · 1885