Powell v. Doyle

Citations

• 77 Pa. Super. 520
• 1921 Pa. Super. LEXIS 309

Syllabus

<p>Practice — Judgment—Opening—New trial — Fraud — Perjury— Day in court.</p> <p>When a new trial is asked for, on the ground of perjury or other fraud, it will be granted only in case the fraud alleged is extrinsic in its character as distinguished from intrinsic.</p> <p>In an action of assumpsit, where the defense was payment, and verdict was rendered for the defendant, it is too late after the expiration of the term, at which judgment was entered, to seek a new trial on the ground that defendant’s evidence was perjured. Such fraud is intrinsic.</p> <p>The reason for the rule is that there must be an end of litigation; and where a party had his day in court and knew what the issues were, he must have been prepared to meet and expose perjury then and there.</p> <p>Fraud — Extrinsic—Intrinsic.</p> <p>By the expression extrinsic or collateral fraud is meant some act or conduct by the prevailing party which has prevented a fair submission of the controversy. Where the alleged perjury relates to a question, raised in the record upon which there was a conflict, to be determined in the trial, the fraud is intrinsic.</p>