The Federal Reporter: With Key-Number Annotations ..., volume 197
The Federal Reporter: With Key-Number Annotations ..., volume 197
United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court
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Initiation of an available proceeding to revise or set aside the court's final judgment or de- cree, and no appeal or other means of review is prosecuted within the time afforded by authoritative regulation, such Judgment or decree becomes an absolute finality, forever binding upon the parties and their privies, utterly without power of change, revision, revocation, or relief within the cause or proceeding In which it is rendered. There are many causes, however, for which a new and independent ...suit will lie to set aside or annul a judgment or decree. Some of them may be mentioned. Thus, where the unsuccessful party has been prevented from exhiljiting his case fully by fraud or deception prac- ticed on him by his opponent, as by keeping him away from court, or a false promise of a compromise, or where the defendant never had knowledge of the suit, being kept in ignorance by act of the plaintiff, or where an attorney fraudulently or without authorl^ assumes to represent a party and connives At his defeat, or where the attorney regularly employed sells out his cUeats interest to the other side— these and similar cases which go to indicate that Digitized by Google j MIOCENE DITCH CO.
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