MCDonald v. Drew
| Decision Date | 19 July 1888 |
| Citation | 15 A. 148,64 N.H. 547 |
| Parties | MCDONALD v. DREW. |
| Court | New Hampshire Supreme Court |
Debt on a New York judgment. Plea, nul tiel record, with a brief statement "that the said judgment * * * was had and obtained by the fraud and covin, and by the false and fraudulent testimony, of the plaintiff, and with the intent to defraud the defendant of the amount of the said judgment." The plaintiff moved to reject the brief statement. Motion granted, and the defendant excepted.
D. A. Taggart, for plaintiff. Briggs & Huse, for defendant.
The judgment upon which the action is brought, and upon which the plaintiff relies, if the court where the judgment was rendered had jurisdiction, is conclusive between the parties, and cannot be reversed, set aside, or impeached for fraud in obtaining it, in this suit. It can be reversed only by a direct proceeding for that purpose in the court where it was rendered. The defense of fraud in obtaining the judgment cannot in this mode be made, and the brief statement of defense was properly rejected. Metcalf v. Gilmore, 59 N. H. 417. Exceptions overruled.
SMITH, J., did not sit. The others concurred.
1 Reported by W. S. Ladd, official reporter of the New Hampshire supreme court.
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...may be impeached for fraud only in a direct proceeding brought for that purpose in the court in which it was rendered. McDonald v. Drew, 64 N.H. 547, 15 A. 148. Ch. J. BIRDZELL and ROBINSON, JJ., concur, BRONSON, J., GRACE, J., (specially concurring). OPINION CHRISTIANSON, Ch. J. This is an......
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...against whom judgment has been obtained by fraud to seek relief in the jurisdiction in which the judgment was rendered. McDonald v. Drew, 64 N.H. 547, 15 A. 148 (1888). Here, plaintiff did attempt to set aside the Texas judgment based on the identical claims made before the district court, ......
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...v. Mattoon, 13 Pick. 53; Sanford v. Sanford, 28 Conn. 6; Benton v. Burgot, 10 Serg. & R. 240; Granger v. Clark, 22 Me. 128; McDonald v. Drew, 64 N. H. 547, 15 Atl. Rep. 148. The supreme court of the United States has also held that a plea of fraud in obtaining the judgment cannot be interpo......
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Lovejoy v. Ashworth.
...conclusive between the parties, and cannot be reversed, set aside, or impeached for fraud in obtaining it, in this suit.’ McDonald v. Drew, 64 N.H. 547, 15 A. 148, 149. Accordingly it was correctly ruled that the judgment obtained cannot be impeached collaterally. Emery v. Hovey, 84 N.H. 49......