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Void based on fraud quote

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  • Legalbear
    [42] This argument completely ignores the inherent power of a court to inquire into the integrity of its own judgments. Such a judgment implies the prior
    Message 1 of 1 , Jul 4, 2004
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      [42] This argument completely ignores the inherent power of a court to inquire into the

      integrity of its own judgments. Such a judgment implies the prior existence of a justiciable

      case or controversy between opposing litigants; but when the controversy has been

      terminated by a judgment, its freedom from fraud may always be the subject of further

      judicial inquiry; and the general rule that courts do not set aside their judgments after the

      term at which they were rendered has no application. The matters is not one of merely

      private concern subject to the action or inaction of the litigants, but is one of vast public

      importance, so that it becomes immaterial that the injured party may have been derelict in

      bringing the fault to the court's attention.  Root Refining Co. v. Universal Oil Products Co., 169 F.2d 514, 534 (3rd Cir. 1948), cert. denied sub nom. Universal Oil Products v. William Whitman Co., 335 U.S. 912, 69 S. Ct. 481, 93 L. Ed. 444. cited in Wilkin v. Sunbeam Corp., 466 F.2d 714 (10th Cir. 1972).

       

       

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