Dixon ex rel. Boyer v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Ron. Eugene McQuillin Judge. (1) The court erred in its finding and decree in setting aside the judgments, (a) Because said judgments are valid and approved by the court where rendered.
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Appeal from the Circuit Court of the City of St. Louis. —Ron. Eugene McQuillin Judge. (1) The court erred in its finding and decree in setting aside the judgments, (a) Because said judgments are valid and approved by the court where rendered. Butler v. Winchester Home, 104 N. E. (Mass.) 451. (b) Because there is an absence of any showing of fraud, (c) Because the finding and decree do not do equity. 21 Encyclopaedia of Pleading and Practice, pages 548-549; Eobinson v. Siple, 129 Mo. 220-221; Shuee v. Shuee, 100 Ind. 481. (1) A court of equity in a direct proceeding between parties to the…
1Opinion of the CourtBeckee, J.
Plaintiffs below, respondents here, filed their petition in two counts in the circuit court of St. Louis against the St. Louis Transit Company, the first count being of $5000 damages for the death of their father resulting from injuries alleged to have been sustained through the negligence and carelessness of the defendant, and the second count in equity seeking to set aside two judgments obtained before a justice of the peace in the name of the respondents for $100, each of which judgments are alleged to have been obtained by fraud and for the sole purpose of obtaining a release of all…
2Cases cited15 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Clark v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1911
- Mann v. DoerrSupreme Court of Missouri · 1909
- Stone v. PerkinsSupreme Court of Missouri · 1909
- Cramer v. BarmonSupreme Court of Missouri · 1906
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3Cited by4 opinions
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- Magee v. Mercantile-Commerce Bank & Trust Co.Supreme Court of Missouri · 1936
- Shoush v. TruittMissouri Court of Appeals · 1951
- Peoples Bank v. YagerSupreme Court of Missouri · 1932