Cunningham v. Brown
Supreme Court of Vermont
In this case the plaintiff alleged in his declaration, in substance, that an action had heretofore been commenced against him and one Cyrus G. Straw in favor of R. & J. Wainwright, and that the defendant Brown made and swore to a false, fraudulent and fictitious deposition, to be used on the part of the plaintiffs on the trial of said action, and that the said deposition was material to the issue of said cause, and that Brown made the same knowing it to be false, and for the…
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In this case the plaintiff alleged in his declaration, in substance, that an action had heretofore been commenced against him and one Cyrus G. Straw in favor of R. & J. Wainwright, and that the defendant Brown made and swore to a false, fraudulent and fictitious deposition, to be used on the part of the plaintiffs on the trial of said action, and that the said deposition was material to the issue of said cause, and that Brown made the same knowing it to be false, and for the purpose of cheating and defrauding the plaintiff, and that the court trying said case were thereby deceived and misled,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The effect of a recovery in this action must undoubtedly be a re-examination of the merits of the action in favor of R. & J. Wainwright against Straw and Cunningham, and must operate as a virtual reversal of that judgment. For this court here to decide that this declaration is sufficient will be virtually to order a new trial of the former action. But the technical objection, that the same matter has been formerly adjudicated between the same parties, is avoided here by the difference of parties in the two actions. But the principle of the…
2Cases cited1 opinion
- Smith v. LewisNew York Supreme Court · 1808
3Cited by15 opinions
- Hall v. HallSupreme Court of Connecticut · 1917
- Fishman v. AlbertsMassachusetts Supreme Judicial Court · 1947
- Godette v. . GaskillSupreme Court of North Carolina · 1909
- Stevens v. RoweSupreme Court of New Hampshire · 1880
- Foret v. Board of Levee Com'rs of Orleans Levee Dist.Supreme Court of Louisiana · 1929
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