Abernathy Ex Rel. Shepard v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Benton Circuit Court. — lion. C. A. Galvird, Judge. (1) This clearly was a collateral attack on these judgments, as' is shown by the following authorities. Johnson v. Realty Co., 167 Mo. 341; State ex rel. v. Merchants & Miners Bank, 213 S W. 817; 14 Current Law, p. 390; Gunby v. Cooper, 177 Mo.
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Appeal from Benton Circuit Court. — lion. C. A. Galvird, Judge. (1) This clearly was a collateral attack on these judgments, as' is shown by the following authorities. Johnson v. Realty Co., 167 Mo. 341; State ex rel. v. Merchants & Miners Bank, 213 S W. 817; 14 Current Law, p. 390; Gunby v. Cooper, 177 Mo. App. 356. (2) The procedure here presented clearly constitutes a collateral attack on these judgments for fraud in the procurement of them and they are invulnerable to attack in this way. State ex rel. v. Merchants & Miners Bank, 213 S. W. 818; Lovett v. Russell, 138 Mo. 482; Rivard v.…
1Opinion of the Court
This suit was instituted on the 13th day of February, 1917, in the Circuit Court of Benton County, Missouri, by Ward Abernathy, by the curator of his estate, James J. Shepard. The action was to recover damages for personal injuries sustained by plaintiff by being run over by a car being operated by the Missouri Pacific Railway Company at Cherokee, Kansas. The injury occurred on the 10th day of September, 1905. The petition states a common-law action for negligence, in that defendant negligently and carelessly backed a string of its cars on a side track with such force against a stationary car…
2Cases cited14 opinions
- Fauntleroy v. LumSupreme Court of the United States · 1908
- United States Ex Rel. Hine v. MorseSupreme Court of the United States · 1910
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1919
- Smith v. ClausmeierIndiana Supreme Court · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Herb v. PitcairnIllinois Supreme Court · 1943
- STATE EX INF. VOIGTS, ETC. v. City of Pleasant ValleyMissouri Court of Appeals · 1970
- Spangler-Bowers v. BentonMissouri Court of Appeals · 1935
- Newdiger v. Kansas CitySupreme Court of Missouri · 1938
- Tokash v. Missouri Workmen's Compensation CommissionSupreme Court of Missouri · 1940
5 more not listed; retrieve them via the Exa API.