Howard v. Scott
Supreme Court of Missouri
Appeal from Jasper Circuit Court . — Hon. Hugh Dabbs, Judge. (1) ' A petition attacking a judgment .as having been procured by fraud should point out in what particulars the alleged fraud was committed, or the specific acts wherein fraud in the procurement of such judgment is alleged to exist. Unless the petition does so state, no cause of action for setting aside the judgment is stated.
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Appeal from Jasper Circuit Court . — Hon. Hugh Dabbs, Judge. (1) ' A petition attacking a judgment .as having been procured by fraud should point out in what particulars the alleged fraud was committed, or the specific acts wherein fraud in the procurement of such judgment is alleged to exist. Unless the petition does so state, no cause of action for setting aside the judgment is stated. Nagel v. Eailroad, 167 Mo. 89. The allegations of fraud in the procurement of the judgment sought to be set aside in the present case, as having been obtained by fraud, are not of such character as to justify…
1Opinion of the CourtLamm, P. J.
From a decree in the Jasper Circuit Court affecting land, both parties appealed to the Kansas City Court of Appeals, the appeals coming to this court from that on the theory title to real estate was involved in the judgment.
In a pinch, in court or out, much is seen through *693a key-bole, or, put otherwise, some one illuminating fact often throws a g’leam of light into the obscure corners of litigation to aid the eye of a chancellor precisely as a flash of lightning on a dark night reveals the landscape to a bewildered traveler. The wise Latin hath it that every living thing comes from a germ…
2Cases cited12 opinions
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Rutter v. CarothersSupreme Court of Missouri · 1909
- Roden v. HelmSupreme Court of Missouri · 1905
- Irvine v. LeyhSupreme Court of Missouri · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sutter v. EasterlySupreme Court of Missouri · 1945
- Mangold v. BaconSupreme Court of Missouri · 1911
- Spotts v. SpottsSupreme Court of Missouri · 1932
- McCarty v. McCartySupreme Court of Missouri · 1957
- Skidmore v. BackMissouri Court of Appeals · 1974
14 more not listed; retrieve them via the Exa API.