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" 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. "
Arkansas Reports: Cases Determined in the Supreme Court of the State of ... - Seite 295
von Arkansas. Supreme Court - 1920
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Band 292

Illinois. Supreme Court - 1920
...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...
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The Pacific Reporter, Band 130

1913
...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...
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The Pacific Reporter, Band 48

1897
...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...
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The Pacific Reporter, Band 159

1916
...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."...
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The Northeastern Reporter, Band 127

1920
...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...
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The Southwestern Reporter, Band 239

1922
...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...
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A Treatise on the Law of Judgments: Including the Doctrine of Res ..., Band 1

Henry Campbell Black - 1891 - 1270 Seiten
...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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 16

Washington (State). Supreme Court - 1897
...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...
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The Pacific Reporter, Band 48

1897
...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,...
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The American State Reports: Containing the Cases of General Value ..., Band 68

Abraham Clark Freeman - 1899
...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...
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