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Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review

Michigan Law Review

Plaintiffs sought a permanent injunction against the procurement by defendant. of a judgment upon a workmen's compensation award, on the ground that defendant had obtained the award through the perjured testimony of himself and his witnesses. The false testimony was claimed to be a fraud upon the department of labor and industry as well as upon the plaintiffs. The lower court dismissed the bill as failing to state a cause of action. Held, dismissal affirmed since perjury is an intrinsic fraud, and equitable relief will not be given. Fawcett v. Atherton, 298 Mich. 362, 299 N. W. 108 …