Wabash Railroad v. Mirrielees
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — How. D. H. Eby, Judge. (1) A court of equity has, at any time, inherent power to grant a new trial, in cases where a judgment has been procured by fraud. 1 High on Injunction (3' Ed.), sec. 190, p. 143; 1 Story, Equity Jurisprudence (13 Ed.), sec. 192, p. 205; 2 Story, Equity Jurisprudence (13 Ed.), sec. 887, pp. 197, 198; 3 Pomeroy’s Equity Jurisprudence (13 Ed.), see. 1364, p. 2103; 2 Daniel’s Chancery Practice (5 Ed.), 1624;…
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Appeal from Hannibal Court of Common Pleas. — How. D. H. Eby, Judge. (1) A court of equity has, at any time, inherent power to grant a new trial, in cases where a judgment has been procured by fraud. 1 High on Injunction (3' Ed.), sec. 190, p. 143; 1 Story, Equity Jurisprudence (13 Ed.), sec. 192, p. 205; 2 Story, Equity Jurisprudence (13 Ed.), sec. 887, pp. 197, 198; 3 Pomeroy’s Equity Jurisprudence (13 Ed.), see. 1364, p. 2103; 2 Daniel’s Chancery Practice (5 Ed.), 1624; Miles v. Jones, 28 Mo. 87; Haris v. Terrell, 38 Mo. 422; Marx v. Fore, 51 Mo. 74; State ex rel. v. Engelmann, 86 Mo. 551;…
1Opinion of the CourtGantt, P. J.
This is a hill in equity to set aside-the judgment of the Hannibal court of common pleas, wherein A. F. Mirrielees as plaintiff obtained a judgment against the Wabash Railroad Company as defendant for the sum of five thousand dollars and costs, on< the twenty-sixth day of February, 1898, which said judgment was afterwards by this court at its April term, 1901, affirmed. [Mirrielees v. Wabash Ry. Co., 163 Mo. 470.] The Hannibal court of common pleas in which this suit was brought sustained a demurrer to the petition, and plaintiff declining to plead further, final judgment was rendered…
2Cases cited18 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Vance v. BurbankSupreme Court of the United States · 1880
- Gray v. BartonMichigan Supreme Court · 1886
- State v. RaySupreme Court of Missouri · 1873
- Hass v. BillingsSupreme Court of Minnesota · 1889
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3Cited by25 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
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- McCarty v. McCartySupreme Court of Missouri · 1957
- Phillips v. Air Reduction Sales Co.Supreme Court of Missouri · 1935
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