(DOWNLOAD) "Gillen v. Gillen" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Gillen v. Gillen
- Author : Supreme Court of Montana
- Release Date : January 08, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Appeal and Error ? Finding assumed to be correct. Where the evidence is not before the Supreme Court on a jurisdictional question, the Court will assume that the evidence is sufficient to sustain the trial courts finding. 2. Divorce ? Statute on vacating judgment did not prevent court from granting relief after six months. Where a divorce judgment was taken against the defendant through plaintiffs extrinsic fraud on both the defendant and the court, the judgment was not taken against defendant through her "mistake, inadvertence, surprise, or excusable neglect" within the meaning of the statute authorizing the court to grant relief against such judgment within six months, and the statute did not apply to limit the power of the court to purge its records. 3. Judgment ? Relief against extrinsic fraud may be granted on motion or separate suit. - Page 497 The right of a court of general jurisdiction to give relief against a judgment obtained by extrinsic fraud is inherent, rather than statutory, and may be granted either on motion in original cause or upon a separate equity suit. 4. Judgment ? Motion must be made within reasonable time. The inherent right of a court of general jurisdiction to give relief against a judgment obtained by extrinsic fraud may be exercised after lapse of statutory time which limits entertainment of applications based upon surprise, inadvertence, and the like, provided motion is made within a reasonable time. 5. Divorce ? Petition to vacate within one year held timely. Petition to vacate a divorce judgment filed within one year after rendition thereof, disclosing due diligence in application for relief and that judgment was obtained by extrinsic fraud and was void because of lack of jurisdiction of trial court over the person of the defendant, was timely. 6. Divorce ? Death of one party does not deprive court power to vacate. Death of one of the parties to a divorce action, after decree therein, does not deprive trial court of its inherent power to purge its records of a void or voidable decree procured by extrinsic fraud practiced upon the court.
 "Gillen v. Gillen" by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}