Tapana v. Shaffray
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Warwick Rough, Judge. (1) Plaintiff (appellant here) contends that her petition states a cause of action, i. e., that the defendant having procured the judgment or decree under which she claims the property referred to in the petition by means of fraud, i. e., by false and fraudulent representations in her petition in said cause, and to the public administrator in charge of said estate, thereby preventing an active defense in…
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Appeal from St. Louis City Circuit Court. — How. Warwick Rough, Judge. (1) Plaintiff (appellant here) contends that her petition states a cause of action, i. e., that the defendant having procured the judgment or decree under which she claims the property referred to in the petition by means of fraud, i. e., by false and fraudulent representations in her petition in said cause, and to the public administrator in charge of said estate, thereby preventing an active defense in said suit, and by means of false and fraudulent proof and evidence thereby worked a fraud upon the court and the…
1Opinion of the CourtBarclay, J.
— In this cause plaintiff has appealed from a judgment in favor of defendant following an order sustaining a demurrer to her third amended petition.
In order that the plaintiff’s case may fully appear, we set forth the petition (omitting caption and signature) at large:
“Plaintiff, for her third amended petition in above entitled cause, leave to file same having been first had and obtained, states that plaintiff is a sister and heir at law of one Ann McKenna, deceased, hereinafter mentioned; that she is> single and unmarried and the widow of one . . . Tapana, deceased.
“Plaintiff further states…
2Cases cited4 opinions
- Fears v. RileySupreme Court of Missouri · 1899
- Moody v. PeytonSupreme Court of Missouri · 1896
- Smoot v. JuddSupreme Court of Missouri · 1901
- Wonderly v. Lafayette CountySupreme Court of Missouri · 1899
3Cited by2 opinions
- Jones v. JonesMissouri Court of Appeals · 1953
- Bryan v. Louisville & Nashville RailroadSupreme Court of Missouri · 1922