DeGraw v. DeGraw
Missouri Court of Appeals
Error to St. Louis Circuit Court. The decree upon which the defendant rests his case is void. — 2 Whart. on Ev., sect. 796 ; Bowden v. Fitch, 15 Johns. 121; Bowers v. Bowers, 19 Mo. 351; 58 Mo. 141; 47 Miss. 170; 39 Cal. 646 ; 42 Miss. 506 ; 41 Miss. 89 ; (Jóle v. Oole, 3 Mo.
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Error to St. Louis Circuit Court. The decree upon which the defendant rests his case is void. — 2 Whart. on Ev., sect. 796 ; Bowden v. Fitch, 15 Johns. 121; Bowers v. Bowers, 19 Mo. 351; 58 Mo. 141; 47 Miss. 170; 39 Cal. 646 ; 42 Miss. 506 ; 41 Miss. 89 ; (Jóle v. Oole, 3 Mo. App. 571. Upon jurisdictional questions the record may be contradicted. — Egler v. 8tone, 59 Mr. 89. The record must show.that the court inquired into the matter. — Wetzel v. Waters, 18 Mo. 396 ; Bobinson v. Lawson, 26 Mo. 69. A judgment by confession against a married woman is void. —Higgins v. Peltzer, 49 Mo. 152 ;…
1Opinion of the CourtBakewell, J.
Counsel for the plaintiff in error moves for a rehearing, and, amongst other grounds, alleges that the principle upon which the cause has been decided is that a judgment can be attacked for fraud only in the court in which it was rendered ; that this principle has been abolished by the Code of Practice, which permits legal or equitable defences to be set up against a judgment, whether foreign or domestic, wherever and whenever such judgment is sought to be enforced, either as the basis of an original action, or when such judgment is pleaded in bar to an action. Counsel also complains that we…
2Cases cited14 opinions
- Christmas v. RussellSupreme Court of the United States · 1866
- Fithian v. MonksSupreme Court of Missouri · 1869
- Doyle v. DoyleSupreme Court of Missouri · 1858
- Briggs v. EwartSupreme Court of Missouri · 1873
- Mayberry v. McClurgSupreme Court of Missouri · 1873
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