Laithe v. McDonald
Supreme Court of Kansas
Bfrror from Johnson District Court. This case was here twice before, first at the January Term 1871, and then at the July Term 1871. (7 Kas., 254, 266.) On being remanded the second time, the action came on for trial and was tried at an adjourned term of the district court held in February 1872. The courtfound infavor of McDonald & Bro., that the judgment recovered by Laithe, at the October Term 1868 of said court, (in “Laithe v. A. McDonald & Bro.,” for $5,686,) “was…
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Bfrror from Johnson District Court. This case was here twice before, first at the January Term 1871, and then at the July Term 1871. (7 Kas., 254, 266.) On being remanded the second time, the action came on for trial and was tried at an adjourned term of the district court held in February 1872. The courtfound infavor of McDonald & Bro., that the judgment recovered by Laithe, at the October Term 1868 of said court, (in “Laithe v. A. McDonald & Bro.,” for $5,686,) “was obtained by fraud practiced by said Laithe on the trial of said cause, and in obtaining said judgment,” and thereupon set…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was a proceeding in the district court of Johnson county, by the defendants in error, A. McDonald & Bro., under § 568 of the civil code, to vacate a certain judgment previously rendered in said court in favor of Laithe, plaintiff in error, and against said McDonald & Bro. for the sum of $5,686, and costs, and for a new trial. The petition for the vacating of said judgment, and for the new trial, is founded principally if not .entirely upon the fourth subdivison of said section, to-wit, “for fraud practiced by the successful party in…
2Cases cited8 opinions
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- Floyd v. JayneNew York Court of Chancery · 1822
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3Cited by17 opinions
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