Laithe v. McDonald
Supreme Court of Kansas
*Error from Johnson district court. This case was here twice before: first at the January term,. 1871, and then at the July term, 1871. Laithe v. McDonald, 7 Kan.. *254, *266. On being remanded the second time, the action came on for trial, and was tried at an adjourned term of the district court-held in February, 1872. The court found in favor of McDonald & Bro. that the judgment recovered by Laithe, at the October term, 1868, of said court, (in Laithe v. A. McDonald &…
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*Error from Johnson district court. This case was here twice before: first at the January term,. 1871, and then at the July term, 1871. Laithe v. McDonald, 7 Kan.. *254, *266. On being remanded the second time, the action came on for trial, and was tried at an adjourned term of the district court-held in February, 1872. The court found in favor of McDonald & Bro. that the judgment recovered by Laithe, at the October term, 1868, of said court, (in Laithe v. A. McDonald & Bro., for $5,686,) “was obtained by fraud practiced by said Laithe on the trial of said cause, and in obtaining said…
1Opinion of the CourtValentine, J.
This was a proceeding in the district court of Johnson county, by the defendants in error, A. McDonald & Bro., under section 568 of the Civil Code, to vacate a certain judgment previously rendered in said court in favor of Laithe, plaintiff in error, and against said McDonald & Bro. for the sum of $5,686, and costs, and for a new trial. The petition for the vacating of said judgment, and for the new trial, is founded principally, if not entirely, upon the fourth subdivision of said section, to-wit, “for fraud practiced by the successful party in obtaining the judgment;” although there are…
2Cases cited8 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Borland v. ThorntonCalifornia Supreme Court · 1859
- Smith v. LowryNew York Court of Chancery · 1814
- Nelson v. RockwellIllinois Supreme Court · 1853
- Floyd v. JayneNew York Court of Chancery · 1822
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