Ward v. Quinlivin

Action on a judgment recovered in the State of New York. The answer set up that the judgment *454was procured by fraud, and is the same answer which was held sufficient when this cause was here before. (57 Mo. 425.) The plaintiff' had judgment. No evidence is preserved in the bill of exceptions, nor any motion for new trial; the only point preserved being that the court, treated the cause as an equitable' one by reason of the fraud pleaded, and refused defendant a trial by jury. It is altogether unnecessary to inquire whether or not the defendant was entitled to a jury. If entitled, the failure…