Holt v. Parmer

1 Citing case

  1. Strachan v. American Ins. Co.

    260 Cal.App.2d 113 (Cal. Ct. App. 1968)   Cited 3 times

    One who has been prevented by such extrinsic factors from presenting his case to the court may bring an independent action in equity to secure relief from the judgment entered against him. Where the court that rendered the judgment has a general jurisdiction in law and in equity, the jurisdiction of equity may be invoked by means of a motion addressed to that court."fn_Holt v. Parmer (1951) 106 Cal.App.2d 329 [ 235 P.2d 43], held that a special defense in an action challenging the validity of a judgment on the grounds of extrinsic fraud presents an equitable issue and that the relief sought could be obtained only in a court of equity. Prior to 1928, article VI, section 5 of the California Constitution granted to the superior court "original jurisdiction in all equity cases."