40 Minn. 410 | Minn. | 1889
This defendant recovered a judgment for damages against one Kohler in an action against him in the district court.
The question arises whether this plaintiff can maintain such an action. Unless there are other facts affecting the case than those shown by the complaint and findings presented in this record, the action is maintainable only by force of the statute, (Laws 1877, c. 131; Gen. St. 1878, c. 66, § 285.) Johnston v. Paul, 23 Minn. 46. This statute authorizes an action to be prosecuted by “the party aggrieved” to set aside a judgment obtained by means of the perjury or fraudulent conduct of “the prevailing party.” The court is expressly authorized to enjoin the enforcement of such judgment, to compel restitution of money or property received by virtue of it, and to make
Judgment reversed.