Manville v. Roever
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. “ Where a judgment has been obtained by fraud, and more especially by the collusion of both parties, such judgment may, even in an inferior tribunal, be treated as a nullity.” — Shedden v. Patrick, 1 Macq.
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Appeal from the St. Louis Circuit Court, Thayer, J. “ Where a judgment has been obtained by fraud, and more especially by the collusion of both parties, such judgment may, even in an inferior tribunal, be treated as a nullity.” — Shedden v. Patrick, 1 Macq. H. L. Cas. 535. The judgment of a court of competent jurisdiction may be avoided on the ground of fraud, but by this must be understood either a fraud in the procuring of the judgment, such as collusion or the like, or fraud in the court itself. — Cammell v. Sewell, 3 Hurl. & N. 617; 4 Jur. (n. s.) 978; 27 L. J. (Exch.) 447.
1Opinion of the CourtBakewell, J.
This is an action by a creditor of the People’s Bank of Belleville, against a stockholder. The cause was tried without a jury, and there was a finding and judgment for defendant.
The statute of Illinois incorporating the bank provides that, in case of default in the payment of any liability of the corporation, the stockholders shall be individually liable to the amount of the stock held by them respectively.
It appears that plaintiff owns a certificate of deposit for $5,000, which was due and unpaid by the bank when it failed and made an assignment in April, 1878. Defendant owns ten shares of…
2Cases cited2 opinions
- Jones v. WiltbergerSupreme Court of Georgia · 1871
- State Savings Ass'n v. KelloggSupreme Court of Missouri · 1876
3Cited by5 opinions
- Richards v. BriceNew York Court of Common Pleas · 1889
- Coquard v. MarshallMissouri Court of Appeals · 1883
- Donnelly v. MulhallMissouri Court of Appeals · 1882
- Manville v. KarstU.S. Circuit Court for the District of Eastern Missouri · 1883
- Stinebaker v. National Restaurant Co.Missouri Court of Appeals · 1908