Hayes v. Sheffield Ice Co.
Supreme Court of Missouri
Certified from Kansas City Court of Appeals.— Hon. O. A. Lucas, Judge. ■ (1) In the case of Barton v. Bridges, 126 Md. 676, 95 Atl. 359, the court cites Atlantic Delaine Co. v. James, 94 U. S. 207, where it is held that power to vacate satisfaction of a judgment “ought not to be exercised except in a clear case, and never for-alleged fraud unless the fraud is made clearly to appear; never for alleged false representations unless their falsity is certainly proved, and unless…
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Certified from Kansas City Court of Appeals.— Hon. O. A. Lucas, Judge. ■ (1) In the case of Barton v. Bridges, 126 Md. 676, 95 Atl. 359, the court cites Atlantic Delaine Co. v. James, 94 U. S. 207, where it is held that power to vacate satisfaction of a judgment “ought not to be exercised except in a clear case, and never for-alleged fraud unless the fraud is made clearly to appear; never for alleged false representations unless their falsity is certainly proved, and unless the complainant has been deceived and injured thereby.” All three of the judges of the Court of Appeals recognized in…
1Opinion of the CourtWalker, C. J.
Plaintiff, a minor, who sued with his father as next friend, recovered in the Circuit Court of Jackson County a judgment against the defendant for personal injuries in the sum of $4000. The defendant appealed to the Kansas City Court of Appeals. Before the determination of the appeal the plaintiff entered into an agreement with the then counsel for the defendant for the release and acquittance of his judgment against the defendant for the expressed consideration of $500. At the same time defendant’s counsel prepared a stipulation for the dismissal of the appeal to be filed in the Court of…
2Cases cited12 opinions
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Morgan v. MulhallSupreme Court of Missouri · 1908
- Boisvert v. WardMassachusetts Supreme Judicial Court · 1908
- Sutton v. ColeSupreme Court of Missouri · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1928
- Sanders v. City of CarthageSupreme Court of Missouri · 1932
- Cash v. Sonken-Calamba Co.Supreme Court of Missouri · 1929
- Trower v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1941
- Williams v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1921
9 more not listed; retrieve them via the Exa API.