Ogle v. Baker

Citations

• 137 Pa. 378
• 20 A. 998
• 1891 Pa. LEXIS 894

Syllabus

<p>1. A judgment or decree procured through the fraud and collusion of the parties to it, for the purpose of defrauding a third person, may be at-' tacked by such person in a collateral proceeding, because he has no standing to appeal from it, or to require that it be vacated or reversed.</p> <p>2. A party to the judgment, however, who alleges that it was obtained against him by’fraud, may assail it directly, by appeal from or motion to open it, but he cannot impeach it collaterally, in an action to recover back money collected by regular process issued upon it.</p> <p>3. A subsisting judgment, entered upon warrant of attorney, is no more subject to collateral attack than one obtained in open court; and the remedy of a defendant therein, alleging that the warrant was forged, and that, having notice, he was prevented by fraud from defending, must be by an application lo open.</p>