Shary v. Eszlinger
North Dakota Supreme Court
Erom a judgment of tbe District Court of Logan County, Graham, J., defendants appeal. Tbe defense of fraud in tbe procurement of a sister state judgment is available as a defense upon an action upon sucb judgment, and tbat sucb attack is not collateral and is not contrary to tbe full faitb and credit clause of the Federal Constitution, nor the Statute of 1790. Levin v. Gladstin, 142 N. C. 482, 32 L.R.A.(N.S.) 905, 55 S. E. 371, and notes.
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Erom a judgment of tbe District Court of Logan County, Graham, J., defendants appeal. Tbe defense of fraud in tbe procurement of a sister state judgment is available as a defense upon an action upon sucb judgment, and tbat sucb attack is not collateral and is not contrary to tbe full faitb and credit clause of the Federal Constitution, nor the Statute of 1790. Levin v. Gladstin, 142 N. C. 482, 32 L.R.A.(N.S.) 905, 55 S. E. 371, and notes. It was not incumbent upon the defendants to apply to the Texas court to be relieved of the judgment there obtained. Fleming v. Seligson, 57 Tex. 524:…
1Opinion of the Court
Christianson, Ch. J.
This is an action upon a judgment rendered in favor of the plaintiff and against the defendants by the district court of Hidalgo county, Texas. A verdict was directed in favor of the plaintiff and defendants have appealed.
The defense pleaded was: that the defendants by reason of the fraud and deceit of the plaintiff were prevented from appearing and defending in the Texas court; that the judgment rendered by said court against the defendants was obtained by reason of the fraudulent acts of the plaintiff; and that defendants had a complete defense to the action, which…
2Cases cited41 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Embry v. PalmerSupreme Court of the United States · 1883
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3Cited by7 opinions
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- Tuttle v. TuttleNorth Dakota Supreme Court · 1921
- Corrington v. CrosbyNorth Dakota Supreme Court · 1926
- Puzio v. PuzioNew Jersey Superior Court Appellate Division · 1959
- Rykowsky v. BentzNorth Dakota Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.