Anonymous ID: 47cf88 Jan. 22, 2024, 6:48 p.m. No.20286541   🗄️.is 🔗kun   >>6564 >>6596

>>20286093

Re Trump Trial?

Marshall v. Holmes

Marshall v. Holmes, 141 U.S. 589, is an 1891 decision of the United States Supreme Court on equitable relief, res judicata and fraud on the court in diversity jurisdiction. Justice John Marshall Harlan wrote for a unanimous Court that held it unconscionable to allow a state court's decision to stand that had been based on documents later exposed as forgeries. It permitted a federal case seeking to set that verdict aside to go forward.

Next Harlan turned to the fraud claim. Since the forged letter had made the difference at trial, "The case … is one where, without negligence, laches or other fault upon the part of petitioner, Mayer has fraudulently obtained judgments which he seeks, against conscience, to enforce by execution." While it was generally a rule that courts of equity would not reconsider judgements made at law procured by forged or perjured evidence when that evidence had already been considered at trial, Harlan quoted from the Court's1813 Marine Insurance Co.v. Hodgson decision, which held that "any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery."[4]

 

the Third Circuit Court of Appeals have held that Marshall overruled Throckmorton (‘fraud vitiates everything’ ruling) while others have reaffirmed the latter case.

 

Much moar at link

https://en.wikipedia.org/wiki/Marshall_v._Holmes