McCraney v. New Orleans & N. E. R.

Citations

• 128 Miss. 248
• 90 So. 881

Syllabus

<p>Judgment. Judgment may be collaterally attacked at law and in equity where obtained by fraud; sustaining ■demurrer to replication to special plea setting up former judgment as obtained by fraud held error.</p> <p>A judgment obtained by fraud is void, and may be attacked collaterally both at law and in equity; and it is error to sustain a demurrer to a replication to a special plea setting up a former judgment reciting a trial on the merits by a jury, where the replication to such plea sets up facts showing that such judgment was obtained by fraud, in that such suit was filed and judgment obtained without the knowledge of the plaintiff in the former suit or the parties in interest, and that no trial was had and no one authorized to sue had any knowledge of the suit or the said judgment.</p> <p>Sykes and Cook, JJ., dissenting.</p>