23 Minn. 46 | Minn. | 1876
The main question involved in this case relates to the effect of a judgment rendered upon an award made under and in pursuance of the provisions of Gen. St. c. 89, and whether such judgment can be impeached or set aside, in an action brought for that purpose, for matters occurring at the hearing before the arbitrators, or otherwise, which would bo good cause for vacating the award apd resubmitting the same under the statute, or for any matters which would be good ground for opening the judgment by the court wherein it was rendered, upon an application in due time for that purpose.
It is conceded that the district court, in this case, had full jurisdiction, under the statute, to render the judgment it did, both as respects the subject-matter and the parties. Parties desirous of entering into a submission under the statute must execute and acknowledge, in the manner therein provided, a Avritten agreement, specifying the demands to be submitted, agreeing to submit the same to the determination of the arbitrators therein named, and that the judgment that may be rendered by the district court by them designated, upon the award made and reported therein, shall bo final. Provision is made for the
It is clear, from these provisions, that a judgment duly rendered in proceedings of this character has the same final and conclusive effect, in all respects, as judgments in civil actions ; that it can only be attacked, impeached, reviewed, or set aside in the same manner such judgments may be, and for the same reasons.
Relief from the judgment in this case is based upon the alleged fact that the award was fraudulently procured, by means of false testimony and fabricated evidence. It is-averred that certain books, belonging to plaintiff and defendant as partners, and kept to contain an account of their partnership dealings and transactions, were used as
Judgment affirmed.