43 Ind. App. 605 | Ind. Ct. App. | 1908
In United States v. Throckmorton (1878), 98 U. S. 61, 25 L. Ed. 93, it is held that relief will be granted where, by reason of some fraudulent means, the unsuccessful party has been prevented from fully exhibiting his case — -as by keeping him away from court, a false promise of compromise, where an attorney connives at his client’s defeat, and all such fraud by reason of which there has never been a real contest before the court of the subject-matter of the suit — but the court will not set aside a judgment because it was founded on a fraudulent instrument or perjured evidence, or for any matter Avhieh was actually presented and considered in the judgment assailed. The transaction involved was one within the full knowledge of both appellant and the relatrix, as well as the witness testifying, and the truthfulness or lack of truthfulness of the witnesses was necessarily known by the parties. The party present at the trial must be prepared to meet and expose perjury, because he must-know that in no other way can a false claim be supported, and the purpose of the trial is to ascertain the truth,
Judgment affirmed.