Robison v. Floesch Construction Co.
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas.— Hon. John A. Snider, Judge. (1) Tire judgment of the justice court, having been made in open court in the presence of both parties, -will not be vacated nor declared void except upon the most positive, clear and satisfactory proof of fraud in its procurement, and that it was a fraud upon the court as well as upon the other party to the suit. No such proof was made in this case.
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Appeal from Cape Girardeau Court of Common Pleas.— Hon. John A. Snider, Judge. (1) Tire judgment of the justice court, having been made in open court in the presence of both parties, -will not be vacated nor declared void except upon the most positive, clear and satisfactory proof of fraud in its procurement, and that it was a fraud upon the court as well as upon the other party to the suit. No such proof was made in this case. Leiber v. Leiber, 239 Mo. 31, 45; McDonald v. McDonald, 242 Mo. 172; Payne v. O ’Shea, 84 Mo. 129; 23 Cyc. 726, 920,1049; Obermeyer v. Einstein, 62 Mo! 341; Oxley…
1Opinion of the Court
Plaintiff, a minor, brought this suit by his next friend, November 4, 1914, to recover for personal injuries. He recovered judgment for $10,000 and defendant appeals.
There is but little conflict in the evidence. Where, however, it is not in accord, the facts will be stated from the standpoint of plaintiff's evidence, because appellant's only contention with respect to the trial on the merits is that the evidence discloses that plaintiff was guilty of contributory negligence as a matter of law.
In September, 1918, the defendant, a New York corporation, was engaged in the construction of ditches…
2Cases cited12 opinions
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Whelan v. ReillySupreme Court of Missouri · 1876
- Tennessee Coal, Iron & Railroad v. HayesSupreme Court of Alabama · 1892
- Tripp v. GiffordMassachusetts Supreme Judicial Court · 1891
- Ralston v. LaheeSupreme Court of Iowa · 1859
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3Cited by22 opinions
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- Missouri-Kansas-Texas R. Co. of Texas v. PlutoTexas Commission of Appeals · 1941
- Hockenberry v. Cooper County State BankSupreme Court of Missouri · 1935
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Kennard v. WigginsSupreme Court of Missouri · 1941
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