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.
Good law ✅— No negative treatment on recordhow we know
Decided 1888-06-05
How this case has been cited
Cited by 7 later decisions — most recently May 1987
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
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 defence of fraud in obtaining the judgment cannot in this mode be made, °and the brief statement of defence was properly rejected.
Metcalf
v.
Gilmore,
59 N. H. 417.
