17 Neb. 564 | Neb. | 1885
In the month of January, 1885, an election was held in Garfield county to determine the permanent location of the
The first question presented is the right to intervene. The rule is well settled that in matters of mere publio
Second, It is competent for a court granting even a peremptory writ of mandamus to set it aside if it was obtained by fraud, false representations, or concealment of material facts on the part of the relator. Everett v. The People, 1 Caines’ Report, 8. Everett v. People, Coleman & Caines’ Cases, 149. The rule is well settled that a j udgment obtained through fraud, accident, or mistake will, in a proper case, be set aside. Truly v. Wanzer, 5 How., 141. David v. Tillston, 6 Id., 114. Hendrickson v. Hinckley, 17 Id., 443. Marine Ins. Co. v. Hodgson, 7 Cranch, 332. Ocean Ins. Co. v. Fields, 2 Story, 59. Robinson v. Wheeler, 51 N. H., 384. Wingate v. Haywood, 40 Id., 437. Emerson v. Udall, 13 Vt., 477. Gainty v. Russell, 40 Conn.,
Judgment accordingly.