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To: Axenolith

** Except that fraud vitiates ALL contracts and agreements **

that seems to be the standard-bearer, based on a cite from UNITED STATES v. THROCKMORTON.

however, that cite was not used in UNITED STATES v. THROCKMORTON. In fact fact, it was used against it.

16 “On the other hand, the doctrine is equally well settled that the court will not set aside a judgment because it was founded on a fraudulent instrument, or perjured evidence, or for any matter which was actually presented and considered in the judgment assailed. Mr. Wells, in his very useful work on Res Adjudicata, says, sect. 499: ‘Fraud vitiates every thing, and a judgment equally with a contract; that is, a judgment obtained directly by fraud, and not merely a judgment founded on a fraudulent instrument; for, in general, the court will not go again into the merits of an action for the purpose of detecting and annulling the fraud.”

22 “...’The maxim that fraud vitiates every proceeding must be taken, like other general maxims, to apply to cases where proof of fraud is admissible. But where the same matter has been actually tried, or so in issue that it might have been tried, it is not again admissible; the party is estopped to set up such fraud, because the judgment is the highest evidence, and cannot be contradicted...”

https://www.law.cornell.edu/supremecourt/text/98/61

Going to have a tough row to hoe using that cite, and applying it to elections, to get Pres. Trump back into office or negating the 2020 election.


1,266 posted on 11/28/2021 1:18:17 AM PST by stylin19a (What's the job application like at Hooters? they just give you a bra and say, Here fill this out ?)
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To: stylin19a
"where the same matter has been actually tried"

Surely this has meaning.

1,921 posted on 11/30/2021 9:27:35 AM PST by rx (Truth will out!)
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