Mueller v. Banks

POPE, Justice.

Plaintiffs, B. G. Mueller and F. W. Huber, on June 18, 1957, brought suit against the executor of Plenry Mueller’s es tate, John McVay and certain creditors, for the purpose of setting aside a former judgment entered on November 5, 1952. They claimed the former judgment was void. Defendants filed “Motion to Dismiss and Expunge” addressed to each of the plaintiffs’ pleadings and asserted that plaintiffs’ suit affirmatively shows on its face that it is barred by the former 1952 judgment. The trial court sustained the motion to dismiss. This case is before us strictly as a hearing…