Legal Opinion

Fox v. State ex rel. Powers

Nebraska Supreme Court

Decided December 4, 1901No. 10,679PublishedCited by 4 opinions

Error from the district court for Butler county. Tried below before Sedgwick, J.

1Opinion of the Court

Pound, O.

•Josie Powers had recovered a judgment against John Fox in bastardy proceedings. After judgment Fox procured a written stipulation of settlement and satisfaction, reciting as a consideration the dismissal of error proceedings brought in the supreme court to review the judgment, and the payment of $250. This stipulation having been filed and of record some six months, a motion was made on behalf of the judgment creditor to set it aside for the reason that it was procured by fraud. An affidavit accompanied the motion, from which it appears that no error proceedings were in fact pending…

2Cases cited5 opinions

  1. Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
  2. Gregory v. WendellMichigan Supreme Court · 1879
  3. Haggin v. ClarkCalifornia Supreme Court · 1882
  4. Chapman v. BlakemanSupreme Court of Kansas · 1884
  5. Potter v. HuntMichigan Supreme Court · 1888

3Cited by4 opinions

  1. Kennedy v. EderIndiana Court of Appeals · 1923
  2. Commonwealth for Use Benefit of Bates v. HallCourt of Appeals of Kentucky (pre-1976) · 1933
  3. Marshall v. RoweNebraska Supreme Court · 1930
  4. Crabar/GBF, Inc. v. WrightDistrict Court, D. Nebraska · 2019

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