Kath v. Brown

This is an application to this court for permission to file a petition in the lower court to vacate a judgment heretofore affirmed by this court. It is alleged in the application that the judgment in the lower court was obtained by fraud. It appears that an appeal was prosecuted to this court by the plaintiff in that action. That appeal was abandoned and dismissed in July, 1907. Thereafter a petition was filed in the case in the lower court to set aside the judgment upon the ground of fraud and conspiracy. The questions then presented were heard and the trial court refused to set the judgment…