American Nat. Bank v. Supplee

Citations

• 115 F. 657
• 52 C.C.A. 293
• 1902 U.S. App. LEXIS 4235

Syllabus

<p>1. Corporations — Action against Stockholders — Conclusiveness op Judgment against Corporation.</p> <p>A judgment against a Kansas corporation, rendered in that state, is conclusive upon a stockholder in an action against him to enforce his individual liability under the constitutional and statutory provisions of the state, unless impeached for want of jurisdiction or for fraud and collusion in its procurement.1</p> <p>2. Judgment — Impeachment por Fraud.</p> <p>To impeach such a judgment sued on for fraud and collusion, where it is fair and regular on its face, the burden rests on the defendant to prove his allegations by evidence that is clear, precise, and indubitable, and such proof must establish fraud on the part of both plaintiff and defendant in the judgment. A finding against the validity of the judgment is not supported by evidence which leaves the question of fraud as to either of the parties to rest alone on suspicion or surmise, nor can any inference of fraud be drawn from the fact that no defense was made to the action, unless it is clearly shown that a valid defense existed.</p> <p>3. Same.</p> <p>Evidence considered, and held insufficient to warrant the submission to a jury of the question of the validity of a judgment attacked by defendants on the ground that it was procured through fraud and collusion.</p>