 | Illinois. Supreme Court - 1920 - 684 páginas
...entered in the will contest is a collateral attack upon that decree. It is well settled that where an action or proceeding has an independent purpose and...or result, although the overturning of the judgment or decree may be important or even necessary to its success, the attack on such judgment or decree... | |
 | 1913 - 1236 páginas
...Illustrating what constitutes a direct attack on a judgment, the same author says : "On the other hand, if the action or proceeding has an independent purpose...success, then the attack upon the judgment is collateral. This is the case where the proceeding is founded directly upon the judgment in question, or upon any... | |
 | 1897 - 1148 páginas
...the prayer for relief, determine its character. In 1 Black, Judgm., ¡t is said (in section 252) that If the action or proceeding has an independent purpose,...may be important or even necessary to its success, the attack upon the judgment is collateral. But that rule would not seem to include this action, and... | |
 | 1916 - 1228 páginas
...relief is sought thau its vacation, and quote in support of the contention this and similar texts: "If the action or proceeding has an independent purpose...relief or result, although the overturning of the judsment may be important or even necessary to its success, the attack upon the judgment is collateral."... | |
 | 1920 - 956 páginas
...Illinois. April 21, 1920.) 1. Judgment <§=>5I8— When attack on Judgment Is collateral. Where an action or proceeding has an independent purpose, and...or result, although the overturning of the judgment or decree may be important, or even necessary to its success, the attack on such judgment or decree... | |
 | 1922 - 1218 páginas
...certiorari, or a bill of review, or, under some circumstances, an action to quiet title. On the other hand, if the action or proceeding has an independent purpose...to its success, then the attack upon the judgment IB collateral." 23 Cyc. 1062. In 15 R, GL 839, I 312, the author says : "A direct attack on a judgment... | |
 | Henry Campbell Black - 1891 - 690 páginas
...upon a judgment, it is said, it is necessary that a proceeding be instituted for that very purpose.41 If an appeal is taken from a judgment, or a writ of...inquiry in a suit brought for its enforcement.•" So in the distribution of a fund, ** Railroad v. Ferry Co., 108 US 18, «Kittredge v. Emerson, 15 NH... | |
 | Washington (State). Supreme Court - 1897 - 792 páginas
...prayer for relief, determine its character. In vol. 1, Black on Judgments, it is said in §252, that if the action or proceeding has an independent purpose...may be important or even necessary to its success, the attack upon the judgment is collateral. But that rule would not seem to include this action, and... | |
 | 1897 - 1146 páginas
...said (in section 2.12) that if the action or pr-wacMng has an independent purpose, and contramates some other relief or result, although the overturning...may be Important or even necessary to its success, the attack upon the judgment Is collateral. But that rule would not seem to ir.clude tills action,... | |
 | Abraham Clark Freeman - 1899 - 1034 páginas
...a judgment it is necessary that a proceeding be instituted for that very purpose. But if the action has an independent purpose, and contemplates some...judgment is collateral and falls within the rule. On the other hand, a complaint alleging that a judgment is void, but is apparently a lien upon land... | |
| |
On the other hand, if the action or proceeding has an independent purpose and contemplates some other relief or result, although the overturning of the judgment may be important or even necessary to its success, then the attack upon the judgment is collateral. 
