BSA Section 38 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Summary

Any party involved in a suit or other legal proceeding may present evidence to show that a judgment, order, or decree, which is relevant under section 34, 35, or 36 and has already been proved by the opposing party, was actually delivered by a court that lacked the authority to deliver it, or was obtained through fraud or collusion between the parties.

Official Text

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion. Opinions of third persons when relevant

Sections referred to

• BSA §34 — Previous judgments relevant to bar a second suit or trial
• BSA §35 — Relevancy of certain judgments in probate, etc., jurisdiction

Old <-> New Code Mapping

• IEA §44 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved