17-1-4
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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.