Title 17, Chapter 1, Section 4
( 17-1-4)
Any judgment, verdict, rule, or order of court which may have been
obtained or entered shall be set aside and be of no effect if it
appears that the same was entered in consequence of corrupt and
willful perjury. It shall be the duty of the court in which the
verdict, judgment, rule, or order was obtained or entered to cause
the same to be vacated upon motion and notice to the adverse party;
but it shall not be lawful for the court to do so unless the person
charged with perjury shall have been duly convicted thereof and
unless it appears to the court that the verdict, judgment, rule, or
order could not have been obtained and entered without the evidence
of the perjured person, saving always to third persons innocent of
such perjury the rights which they may lawfully have acquired under
the verdict, judgment, rule, or order before the same shall have
been actually vacated. |