88 Mo. App. 553 | Mo. Ct. App. | 1901
The ground which appellant alleged in his motion and on which he relies to have the judgment vacated and he be permitted to make his defense to the tax suit is, that the court, in rendering the judgment and overruling a special execution for the sale of the land, committed an error of fact and had no jurisdiction of the person of the defendant. That a writ of error coram nobis will lie when the court has committed an error of fact vital to its jurisdiction, when said error does not appear upon the face of the proceeding, is well-settled law. Craig v. Smith, 65 Mo. 536; State ex rel. v. White, 75 Mo. App. 257; State ex rel. v. Horine, 63 Mo. App. 1; Dugan v. Scott, 37 Mo. App. 663. And the usual way of bringing such
Appellant yet has his remedy to set aside the judgment by default against him under the provisions of section 777, R. S. 1899; or against the collector on his bond if he willfully and knowingly made a false statement in his petition for the purpose of procuring the order of publication.
The judgment is affirmed.