Riddle v. Baker

Citations

• 13 Cal. 295

Syllabus

<p>As appeal lies from an order setting aside a final decree in equity and granting a rehearing.</p> <p>To obtain the aid of Chancery to vacate a judgment a party must show that he has exhausted all proper diligence to defend in the suit in which judgment was rendered. If he relies on fraud and deception practised on the Court in managing, procuring, and giving, evidence, he must show that, by such practices, he was defrauded of Ms opportunity to defend, and that his defense would, otherwise, have been effectual.</p> <p>And the sureties on a bond, given by the party in the original suit, to perform any decree that might be rendered therein stand in no better position. They are not parties to said suit, but are bound absolutely by the decree, subject to the single exception—that, if the decree be procured by collusion between plaintiff, their principal, and the defendant, they are not bound.</p> <p>The matter relied on in the bill in this case could be availed of only by bill of review, with proper averments.</p>