Engler v. Knoblaugh
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) The judgment of the county court was not subject to collateral attack. No one but the court that rendered the judgment bad power to set it aside. Johnson v. Realty Co., 167 Mo. 325; State ex rel. v. Bradford, 156 Mo. 457; Brown v. Oppleman, 83 M'o.
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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) The judgment of the county court was not subject to collateral attack. No one but the court that rendered the judgment bad power to set it aside. Johnson v. Realty Co., 167 Mo. 325; State ex rel. v. Bradford, 156 Mo. 457; Brown v. Oppleman, 83 M'o. App. 79; Bradford v. Sikes, 168 Mo. 8. (2) A court of equity, before it has authority to set aside the judgment of another court, must be satisfied that there was fraud in the very procurement of the judgment; mere irregularity or error is not sufficient to vest it witli…
1Opinion of the CourtGoode, J.
This action is based on section 9466 of the Revised Statutes of 1899. Said section provides for a penalty of five dollars a day to be recovered in an action of debt, by any party in whose favor judgment has been given for a private road over the land of another, from the owner of the land, for each day the road remains unopened after the date it is ordered opened. The penalties sued for amount to $255 for the period the road was kept closed subsequent to December 6, 1906, the date on which it was to be opened according to the order of the court, to the date of the filing of the petition in…
2Cases cited23 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Harman v. MooreIndiana Supreme Court · 1887
- Davison v. HoughSupreme Court of Missouri · 1901
- Chowder v. SearcySupreme Court of Missouri · 1890
- Life Insurance v. BangsSupreme Court of the United States · 1881
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3Cited by4 opinions
- Stuart v. StricklandSupreme Court of Alabama · 1919
- Household Finance Corporation v. AveryMissouri Court of Appeals · 1972
- State Ex Rel. Woolman v. GuinotteMissouri Court of Appeals · 1926
- Sullivan v. KirkpatrickMissouri Court of Appeals · 1913