Graver v. Faurot

This case coming on to be heard on appeal from the circuit court of the United States for the Northern district of Illinois, in the United States circuit court of appeals for the Seventh circuit, that court ordered that a statement of facts and a question be certified to this court for its opinion and instruction.

It appears, from the statement of facts, that William Graver filed a bill in the superior court of the county of Cook, in the state of Illinois, to impeach for fraud a decree in equity rendered by that court, July 6, 1889, in a certain suit therein depending, wherein William Graver was complainant and Benjamin C. Faurot and A. O. Bailey were defendants, by which decree complainant's bill was dismissed for want of equity; and that the suit was duly and properly removed into the circuit court of the United States for the Northern district of Illinois.

The bill thus filed was set forth in haec verba, together with a demurrer thereto, the decree of the circuit court sustaining the demurrer and dismissing the bill, and the opinion rendered by the circuit court on entering that decree.

The certificate then proceeded thus: 'In view of the decisions of the supreme court of the United States in the cases of U.S. v. Throckmorton, 98 U.S. 61, and Marshall v. Holmes, 141 U.S. 589, 12 Sup. Ct. 62, this court is in doubt touching the case in hand, and desires advice and instruction upon the following question: Whether (assuming the bill of complaint to be in other respects sufficient) the alleged false swearing and perjury in the respective answers of defendants in the original suit in the superior court of the county of Cook, state of Illinois, are, in the law, available in this suit as ground for a decree setting aside and declaring void the decree so rendered in the superior court of the county of Cook.' Robert Rae, for appellant.

Frank L. Wean, for appellee.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.