Dunn v. Miller
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. *Elmeb B. Adams, Judge. (1) Courts of equity will grant relief against a former decree where the same has been obtained by fraud and imposition. Hill, on Inj. [ 3 Ed.] p. 211, sec. 36 ; Story’s Eq.
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Appeal from St. Louis City Circuit Court. — Hon. *Elmeb B. Adams, Judge. (1) Courts of equity will grant relief against a former decree where the same has been obtained by fraud and imposition. Hill, on Inj. [ 3 Ed.] p. 211, sec. 36 ; Story’s Eq. PL, [9 Ed.] sec. 426 ; Adam’sEq., 794 ; 1 High on Inj. secs. 47, 114, 116, 190, 203; Davis v. Taleston, 6 How. [U. S.] 120; Hubbard v. Hobson, 1 Breese [111.] 190; Wingate v. Haywood, 40 N. H. 441; State ex rel. v. Engelman, 86 Mo. 551. (2) The court may grant an injunction notwithstanding there has'been an adverse decision at law. Stewart v.…
1Opinion of the CourtBrace, J.
On the ninth of June, 1873, George C. Miller obtained judgment in the St. Louis circuit court against John A. Dunn, the plaintiff herein, in ejectment, for the recovery of the possession of the premises described in plaintiff’s petition. On appeal to the supreme court, this judgment was affirmed on the twenty-eighth of February, 1876 (Miller v. Dunn, 62 Mo. 216), and on the sixth of April, 1876, Dunn was evicted and Miller put in possession of the premises by virtue of final process of said circuit court upon said judgment.
The questions adjudicated in that case appear in the following…
2Cases cited9 opinions
- Rogers v. BrownSupreme Court of Missouri · 1875
- State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
- Kelly v. HurtSupreme Court of Missouri · 1875
- Kelly v. HurtSupreme Court of Missouri · 1881
- McIlhinney v. FickeSupreme Court of Missouri · 1875
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3Cited by23 opinions
- Murphy v. CrowleyCalifornia Supreme Court · 1903
- Price v. BlankenshipSupreme Court of Missouri · 1898
- Branner v. KlaberSupreme Court of Missouri · 1932
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Hudson v. CahoonSupreme Court of Missouri · 1906
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