Robertson v. Freebury

Citations

• 87 Wash. 558

Syllabus

<p>Judgment—Equitable Relief—Fraud—Perjury. Perjury alone is not an equitable ground for setting aside a judgment obtained on false testimony, in the absence of extrinsic or collateral fraud in addition thereto, even if admitted.</p> <p>Same. The fact that perjury in obtaining a judgment was concealed, and peculiarly within the knowledge of the prevailing party, is not ground for setting aside the judgment; especially where the perjured witness was not cross-examined.</p> <p>Same. There are no such extrinsic or collateral facts in addition to perjury as to warrant a court of equity in setting aside a judgment for fraud, where plaintiffs in a personal injury case merely testified falsely that they were husband and wife and nothing else was done to conceal the real facts.</p> <p>Judgment—Jurisdiction—Unnecessary Parties — Equitable Relief—Fraud. In an action for personal injuries, joining an im-’ proper party as husband of the plaintiff, a single woman, does not affect the jurisdiction of the court to try the question of injury and render judgment upon the verdict; and hence does not impose upon the jurisdiction so as to warrant equitable relief.</p> <p>Judgment—Equitable Relief—Fraud — Injury to Party. The fact that plaintiffs in a personal injury case recovered judgment as husband and wife for the injuries of the wife, when she in fact was a single woman, does not injure the defendant or entitle him to equitable relief, where, by the pleadings, evidence and instructions, the recovery was limited to the losses to which the injured party was entitled if suing as a single woman.</p>