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6107Re: [tips_and_tricks] Re: Can someone please help me with this?

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  • Sterling W Wyatt
    Jul 12, 2004
      IMHO, you should NOT go down those paths (error coram nobis...or a motion to annul - or as covered by fed rule 60(b)!).  A provable perjury is a fraud upon the court and denies jurisdiction to the court - including a denial of judicial capacity to the Judge.  A court denied jurisdiction is unable to issue orders in the Judge's judicial capacity and any orders so issued are void on the face of the record according to evidence properly placed in the record to prove such fraud. 
       
      That action providing such evidence is calling for a remedy is a NOTICE OF MINISTERIAL DUTY TO VACATE A VOID JUDGMENT FOR LACK OF JURISDICTION.  See Richard Cornforth's material on void judgments, as expanded by the VOIDS Seminar material from Right Way LAW, and from others. Such a NOTICE (NOT a Motion asking for 60(b) voidable action under judicial capacity!) is brought under the "inherent duty" of the court to correct a wrong in its ministrial capacity for which there is no other judicial remedy. << Remember, there is no judicial capacity to call upon rule 60(b), therefore leaving the trial judge with ONLY his ministerial capacity in which to remedy the error.  If the Judge bluffs and refuses, a Preemptory Petition of Mandamus is appropriate to the next higher court with jurisdiction to order such writ.>>
       
      Wayne
       
      On Mon, 12 Jul 2004 02:36:41 -0000 "ibbblank" <ssstephens.1@...> writes:

      Thank you -- I am not sure what these actions are, but I shall
      research them immediately Thank You. :>)


      --- In tips_and_tricks@yahoogroups.com, "The Handyman" <ebob@b...>
      wrote:

      > Sharon,
      >
      > You can try a error coram nobis...or a motion to annul the judgment
      due to provable perjury.  With these motions attach an affidavit
      showing the error you can prove.  Then if the judge does not give you
      a show cause hearing move for a void judgment by petition in any
      court. Your state code of civil procedure should list  some reasons
      whereby a decision can be modified.  Appears that you have a fraud
      upon the court.
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