Legal Opinion · Dissent

Barton v. Pochyla

Court of Appeals of Texas

Decided June 7, 1922No. 6429Published

1DissentJenkins, J.

No one can read the record herein without being impressed with the fact that a great wrong has been done appellant, and that the trial court was unwittingly made the instrument of legal robbery, if the judgment is legal. The facts, as stated in the majority opinion, indicate this. They might be stated much stronger.

This suit is based upon the equitable powers of the court to set aside the judgment obtained, if not by positive fraud at least by concealing the facts well known to the plaintiff, which, if they Had been made known to the court, would have defeated his scheme to rob a woman and…

2Cases cited31 opinions

  1. Hall v. JacksonTexas Supreme Court · 1848
  2. Overton v. BlumTexas Supreme Court · 1878
  3. Dunlap v. SoutherlinTexas Supreme Court · 1885
  4. Denison v. LeagueTexas Supreme Court · 1856
  5. Menard v. SydnorTexas Supreme Court · 1867

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