Wright v. Kansas City
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. W. W. Graves, Judge. (1) Inasmuch as appellant.cannot, in a case like this, have the judgment set aside, or the enforcement of it restrained, by a bill in equity, the right to insist upon either the trial court or this court exercising the right to prevent the accomplishment of a fraud by perjury, is manifest.
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Appeal from Benton Circuit Court. — Hon. W. W. Graves, Judge. (1) Inasmuch as appellant.cannot, in a case like this, have the judgment set aside, or the enforcement of it restrained, by a bill in equity, the right to insist upon either the trial court or this court exercising the right to prevent the accomplishment of a fraud by perjury, is manifest. Wonderly v. Lafayette Co., 150 Mo. 639; Hamilton v. McLean, 139 Mo. 688; Pears v. Riley, 148 Mo. 61. The bald, bold perjury by respondent is as clear as the noonday sun. (2) Moreover, instructions numbered 2 and 3, given for respondent, were…
1Opinion of the Court
FOX, J. —
This is an action by plaintiff to recover damages for injuries alleged to have been sustained by her on a plank sidewalk on the west side of Kansas avenue, a public street of Kansas City, Missouri.
The injury is alleged to have occurred October 30, 1899. The negligence complained of is that the defendant negligently and carelessly permitted the woodén sidewalk on the west side of Kansas avenue, between Eighteenth and Nineteenth streets, and about opposite and adjacent to numbers 1808 and 1810, Kansas avenue, to become out of repair, unsafe and dangerous to persons walking thereon, in…
2Cases cited11 opinions
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- State v. KnightSupreme Court of Missouri · 1875
- State v. DodsonSupreme Court of Missouri · 1880
- Potter v. Adams' ExecutorsSupreme Court of Missouri · 1857
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- In Re Alexander's EstateSupreme Court of Missouri · 1962
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Howser v. Chicago Great Western RailroadSupreme Court of Missouri · 1928
- Haxton v. Kansas CitySupreme Court of Missouri · 1905
10 more not listed; retrieve them via the Exa API.