Crutcher v. Kansas City Viaduct & Terminal Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The defendant’s motion to vacate the judgment contains grounds of surprise, accident, mistake, error of fact, fraud practiced in the act of procuring the judgment, and total failure of proof. The motion takes the place of the common law writ of error coram nobis.
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Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The defendant’s motion to vacate the judgment contains grounds of surprise, accident, mistake, error of fact, fraud practiced in the act of procuring the judgment, and total failure of proof. The motion takes the place of the common law writ of error coram nobis. It is in the nature of an independent and direct attack upon the judgment in the court in which it was rendered, and is a proper method of bringing such questions before the court. State v. Eiley, 219 Mo. 667, 118 S. W. 647; Cross v. Q-ould, 131 Mo. App. 585, 110…
1Opinion of the CourtEllison, P. J.
Plaintiff brought an action against defendant for commission alleged to be due on account of procuring for defendant options of purchase of several parcels of real estate. When the ease was called for trial defendant, though having filed an answer, did not appear. The court noted the default and proceeded to hear the evidence offered in plaintiffs behalf and then rendered final judgment for plaintiff in the sum of $2884. At a succeeding term of court defendant appeared and filed a motion to set aside the judgment, assigning a number of reasons therefor. The court overruled the motion and…
2Cases cited11 opinions
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- Nichols v. StevensSupreme Court of Missouri · 1894
- Fears v. RileySupreme Court of Missouri · 1899
- Moody v. PeytonSupreme Court of Missouri · 1896
- Howard v. ScottSupreme Court of Missouri · 1910
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3Cited by3 opinions
- Wooten v. FriedbergSupreme Court of Missouri · 1946
- In the Interest of R-, S- & TMissouri Court of Appeals · 1962
- Cavanaugh v. McCollMissouri Court of Appeals · 1915