Steyermark v. Landau
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) A court of equity, in a direct proceeding between the parties to the record, will set aside and vacate any judgment, which is obtained by fraud practiced by the prevailing party.
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Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) A court of equity, in a direct proceeding between the parties to the record, will set aside and vacate any judgment, which is obtained by fraud practiced by the prevailing party. Smith v. Taylor, 78 Mo<. App. 630; Payne v. O’Shea, 84 M'o. 129; Mayberry v. McClurg*, 31 Mo. 236; U. S. v. Throckmorton, 98 U. S. 61. (2) When seeking to set aside a void judgment it is not necessary to show facts constituting a meritorious defense. Mills v. Scott, 43 Fed. 452; Arnold v. Hawley, 67 Iowa 313; Sauer v. Kansas City, 69 Mo.…
1Opinion of the CourtGoode, J.
On May 18, 1904, the defendants in this suit recovered a judgment by default against plaintiffs before a justice of the peace in the city of St. Louis, for $575. The present proceeding is in equity to have said judgment before the justice set aside, its collection restrained and for a hearing of the case by the justice on-the merits. The ground on which this relief is sought is that the judgment was procured by fraud and deceit and in violation of an express stipulation made by the attorney for defendants with plaintiffs and their attorney. The facts are that the cause was set for trial…
2Cases cited4 opinions
- State ex rel. Green v. HendersonSupreme Court of Missouri · 1901
- Sauer v. City of KansasSupreme Court of Missouri · 1878
- Sanderson v. VoelckerMissouri Court of Appeals · 1892
- Goldie Construction Co. v. Rich Construction Co.Missouri Court of Appeals · 1905
3Cited by2 opinions
- Hess v. FoxMissouri Court of Appeals · 1910
- Ryan v. HughesMissouri Court of Appeals · 1917