McDonald v. McDonald
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number One. — Hon. J. D. Perkins, Judge. (1) The judgment and decree in this case are erroneous and under the law and the facts cannot stand. The facts which constitute the fraud must he stated.
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Appeal from Jasper County Circuit Court, Division Number One. — Hon. J. D. Perkins, Judge. (1) The judgment and decree in this case are erroneous and under the law and the facts cannot stand. The facts which constitute the fraud must he stated. Bliss, sec. 211. (2.) The facts stated in the petition must show that the party was not guilty of negligence or that the judgment was not brought about by any fault or negligence upon the part of the plaintiff, which this petition fails to show. Cantwell v. Johnson, 236 Mo. 600 ; 2 Freeman on Judgments, sec. 486. ■ (3) The burden in this case was on…
1Opinion of the CourtRobertson, P. J.
Defendant obtained a divorce from his wife, the plaintiff above named, in the circuit court of Barry county on July 15, 1912. This action was instituted in the circuit court of said county to have the decree in divorce annulled by reason of alleged fraud in its procurement. A change of venue was taken to Jasper county, where after a trial to the court the relief sought by the plaintiff was granted. The defendant has appealed. Neither of the parties to this action has remarried; therefore, no innocent third parties will be affected by the decision in this case.
That section 2381, Revised…
2Cases cited4 opinions
- Dorrance v. DorranceSupreme Court of Missouri · 1912
- Blank v. NohlSupreme Court of Missouri · 1892
- Sherer v. AkersMissouri Court of Appeals · 1898
- Gentry v. GentryMissouri Court of Appeals · 1896
3Cited by4 opinions
- McCarty v. McCartySupreme Court of Missouri · 1957
- Hall v. HallMontana Supreme Court · 1924
- Jones v. JonesSupreme Court of Missouri · 1930
- State Ex Rel. Robbins v. GideonMissouri Court of Appeals · 1934