Dorrance v. Dorrance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. II. M. Foster, Judge. The court erred in sustaining defendant’s demurrer to plaintiff’s amended petition.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. II. M. Foster, Judge. The court erred in sustaining defendant’s demurrer to plaintiff’s amended petition. (1) The allegation in the petition filed in the circuit .court of the city of St. Louis by John Dorrance for divorce, and supported by his affidavit that he was a resident of St. Louis, was false (he being a resident of Chariton county, Missouri) and fraudulently .made for the purpose of inducing the court to assume jurisdiction of that cause; and a court of equity has inherent power to set aside such a judgment. Sec. 2371, R. S. 1909 ;…
1Opinion of the Court
BROWN, C.
There are two appeals in this case. The plaintiff appeals from the final judgment of the circuit court dismissing her petition upon her refusal to plead further after a general demurrer had been sustained. The defendant afterwards appealed, during the pendency of the case in this court, from an order of the trial court entering upon its records a statement nunc pro time in said cause as follows: “Amended petition filed May 17,1907.”
The second appeal being for the purpose of enabling the court to judge of the true state of the record, it is plain that they should both be tried…
2Cases cited23 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Somerville's Executors v. HamiltonSupreme Court of the United States · 1819
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- Chicago Life Insurance v. NeedlesSupreme Court of the United States · 1885
18 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hermel, Inc. v. State Tax CommissionSupreme Court of Missouri · 1978
- Spotts v. SpottsSupreme Court of Missouri · 1932
- McCarty v. McCartySupreme Court of Missouri · 1957
- PC Lissenden Co. v. Board of County Commissioners of Palm Beach CountySupreme Court of Florida · 1959
- State v. EganMissouri Court of Appeals · 1954
39 more not listed; retrieve them via the Exa API.