Capitain v. Mississippi Valley Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) This is a writ of error coram nobis and is the proper procedure to set aside a judgment for errors of fact and fraud. Smith v. Young, 136 Alo. App. 82; Cross v. Gould, 13<1 Mo. App. 600; Neenan v. St. Joseph, 126 Mo. 89; Craig v. Smith, 65 Mo. 536; Duggan v. Scott, 37 Mo. 663; Ex parte Tony, 11 Mo. 661; Fisher v. Fisher, 114 Mo. App. 627; Hadley v. Benero, 103 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) This is a writ of error coram nobis and is the proper procedure to set aside a judgment for errors of fact and fraud. Smith v. Young, 136 Alo. App. 82; Cross v. Gould, 13<1 Mo. App. 600; Neenan v. St. Joseph, 126 Mo. 89; Craig v. Smith, 65 Mo. 536; Duggan v. Scott, 37 Mo. 663; Ex parte Tony, 11 Mo. 661; Fisher v. Fisher, 114 Mo. App. 627; Hadley v. Benero, 103 Mo. App. 549; State ex rel. v. Clarkson, 88 Mo. App. 553; State ex rel. v. White, 75 Mo. App. 257; Hirsch v. Weisberger, 44 Mo. App. 509. (2) No statute of…
1Opinion of the CourtGraves, P. J.
This case has for its companion the case of John G. Priest, Trustee, et al. v. Ringrose J. Capitain et ah, 236 Mo. 446, decided at the last term of this court, and reference should be had to the opinion in the Priest case for some of the details in the case at bar. As will be seen the Priest case was one in which John G. Priest, as trustee under a deed made by Ringrose J. Watson, applied to the circuit court of the city of St. Louis for an order to sell the real estate. An attempt was made to bring the present plaintiffs into court by service of process upon them in the State of California.…
2Cases cited2 opinions
- Scott v. RoystonSupreme Court of Missouri · 1909
- Priest v. CapitainSupreme Court of Missouri · 1911
3Cited by5 opinions
- Lytle v. PageMissouri Court of Appeals · 1979
- Hughes v. SpenceSupreme Court of Missouri · 1966
- State Ex Rel. St. Charles Savings Bank v. HallSupreme Court of Missouri · 1928
- State Ex Rel. Terry v. AllenSupreme Court of Missouri · 1925
- Bullivant v. Greer DeemMissouri Court of Appeals · 1924