Michael v. American National Bank

Citations

• 84 Ohio St. (N.S.) 370

Syllabus

<p>Final judgment — Will not be set aside for new trial — Except for fraud, etc. — Fraud mitst consist of extrinsic acts■ — Court procedure.</p> <p>1. Where a cause has proceeded to trial and final judgment, a court of equity will not vacate or open up the judgment and grant a new trial of the same issue determined in the former hearing, in the absence of fraud or undue advantage by the prevailing party.</p> <p>2. The fraud or undue advantage for which a court of equity will set aside a judgment or decree, must consist of extrinsic acts outside of and collateral to the matter actually tried by the first court and not related to the matter concerning which the judgment or decree was rendered.</p>