Cary v. Mire, 143 Ky. 63 (1911)

Conceding that the opinion of this court in the case of Swanson v. Smith, 25 Ky. L. R., 1260, 77 S. W., 700, does not bar appellee from maintaining a petition for a new trial in a proceeding like this, which we do not decide, the pleadings of appellant are not sufficient to authorize the court to set the judgment aside. When one files a petition relying upon fraud as a basis of his action, he must allege and specify the acts constituting the alleged fraud. (Gray v. Gregory, 140 Ky., 266.)