Springfield Traction Co. v. Dent
Missouri Court of Appeals
Appeal from Greene Circuit. Court — Hon. Guy D. Kirby, Judge. ' (1) Where a judgment is exclusively predicated upon the testimony of a party litigant and it clearly appears that such testimony is not only false but knowingly false — perjured, equity will set aside such judgment for that reason and that reason alone. Klaes v. Klaes, 1030 Iowa, 686, 72 N. W. 777; Laithe v. McDonald, 12 Kas. 340; Rowe v. Lbr. Co., 50 La.
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Appeal from Greene Circuit. Court — Hon. Guy D. Kirby, Judge. ' (1) Where a judgment is exclusively predicated upon the testimony of a party litigant and it clearly appears that such testimony is not only false but knowingly false — perjured, equity will set aside such judgment for that reason and that reason alone. Klaes v. Klaes, 1030 Iowa, 686, 72 N. W. 777; Laithe v. McDonald, 12 Kas. 340; Rowe v. Lbr. Co., 50 La. Ann. 1258, 24 Southern 234; Munro v. Callahan, 55 Neb. 75, 75 N. W. 151; Humphreys v. Rawn, 8 Watts, 78; Miller v. Miller, 95 N. W. (Neb.) 1010; Collier v. East-on, 2 Mo. 145;…
1Opinion of the Court
OPINION.
NIXON, P. J.
Appellant in this proceeding asserts the equitable right to set aside a final judgment of a court having jurisdiction over the person and subject-matter by collateral .attack. The legal proposition asserted by the appellant is that where a judgment is the product of false testimony adduced by the successful litigant with a full knowledge of its falsity, and especially when it is the false testimony of the litigant and is of such character as lies peculiarly within the knowledge of such litigant and is of such character as makes it particularly difficult for an adversary to…
2Cases cited6 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Vance v. BurbankSupreme Court of the United States · 1880
- Gray v. BartonMichigan Supreme Court · 1886
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
- Howard v. ScottSupreme Court of Missouri · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Goad-Ballinger Post 69 v. McNeillMissouri Court of Appeals · 1986