Godfrey v. Camp

Citations

• 95 Wash. 674
• 164 P. 210

Syllabus

<p>Appeal — Decision—Judgment—Attack—After Remand. After a judgment has been affirmed on appeal, the superior court has no jurisdiction of an action to modify it or set it aside, without the permission of the supreme court.</p> <p>Judgment — Vacation—Equitable Relief — Fraud—Perjured Testimony — Complaint—Sufficiency. Where the probate of a will was attacked upon the ground that the will was forged and supported by perjured testimony, and the court, after a trial on the merits, found that the will was valid and judgment to that effect was entered and affirmed on appeal, a complaint in equity to set aside the judgment on the ground that, since the entry of final judgment, new evidence has been discovered by due diligence to the effect that the will was a forgery and that the judgment was obtained by perjured testimony, is insufficient to state a cause of action, where it fails to allege extrinsic or collateral fraud entering into and constituting fraud in the transaction, such as false promises or deception defeating a fair trial; and it is not sufficient to allege that a third person executed the will after the death of the testator and induced the witnesses to conceal such fact.</p> <p>Chadwick, J., dissents.</p>