Ballard v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Mercer Circuit Court. — Hon. Paris C. Stepp, Judge. (1) When a party asks relief in a court of e.quity on the ground of fraud, it is necessary that the evidence adduced to establish the fraud should be clear and convincing.
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Appeal from the Mercer Circuit Court. — Hon. Paris C. Stepp, Judge. (1) When a party asks relief in a court of e.quity on the ground of fraud, it is necessary that the evidence adduced to establish the fraud should be clear and convincing. There is no evidence tending to show that any person ever stated to the respondent that “he would never be able to collect said judgment,” or “that the same was invalid,” or- “that his lawyers would cheat him out of whatever should be collected thereon.” (2) Even though “the representations were made as charged, yet, unless they were acted upon by the”…
1Opinion of the CourtEllison, J.
The plaintiff in this case obtained judgment in 1892 against defendant for personal injuries received by him. That judgment was affirmed in this court; a report thereof will be found in 51 Mo. App. 453. Afterward the defendant obtained from plaintiff a power of attorney to one Trotter, authorizing him to satisfy such judgment, which was done. Plaintiff afterward instituted this action in equity to set aside the entry of satisfaction and to restore the judgment to its original force and effect, on the ground that the power of attorney had ' been procured from *111him by the fraud, chicanery, and…
2Cases cited1 opinion
- Ballard v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892