Casey v. Murphy
Missouri Court of Appeals
Appeal from St. Louis Circuit Cdurt. A judgment collusively or fraudulently procured should be set aside at the instance of the party against whom it was rendered. —Miles v. Jones, 28 Mo. 87 ; Mayberry v. McQlurg, 51 Mo. 256 ; Harris v. Tewell, 38 Mo. 424; The People v. Mayor, 19 Iiow.
Read the full summary
Appeal from St. Louis Circuit Cdurt. A judgment collusively or fraudulently procured should be set aside at the instance of the party against whom it was rendered. —Miles v. Jones, 28 Mo. 87 ; Mayberry v. McQlurg, 51 Mo. 256 ; Harris v. Tewell, 38 Mo. 424; The People v. Mayor, 19 Iiow. Pr. —; Gornweller v. Griffin, 9 Barb. 921; Lawler v. Mayor, 26 Barb. 262; Sullivan v. Burgess, 37 Mo. 300. A case where petition was filed to avoid a judgment for fraud. — Acock v. Acock, 57 Mo. 154. That a judgment may be impeached for fraud or mistake cannot be questioned. — Marx v. Fore, 51 Mo. 74 ; Rogers…
1Opinion of the CourtBakewell, J.
The petition alleges that George T. Murphy was administrator of Inez Murphy, deceased; and that on October 23, 1874, Andrew W. Murphy presented for allowance against said estate, in the Probate Court of St. Louis County, an account for a balance due him on settlement as guardian of the deceased, which was allowed and placed in the fifth class ; that the plaintiff duly appealed from this judgment to the Circuit Court, which reversed this judgment and entered judgment for the estate, which judgment, on appeal to the St. Louis Court of Appeals, was affirmed, and this judgment duly certified to…
2Cases cited2 opinions
- Mayberry v. McClurgSupreme Court of Missouri · 1873
- Callahan v. GriswoldSupreme Court of Missouri · 1846
3Cited by1 opinion
- Ramsey v. HicksMissouri Court of Appeals · 1893