Peers v. Cox

CLAY, Commissioner.

This action was brought in the circuit court by appellant to have declared void a judgment of the Barren County Court discontinuing a portion of a county road, and to obtain an injunction requiring appellee Cox to remove obstructions. The trial court dismissed the claim on the ground the county court judgment was valid on its face and could not be collaterally attacked.

While this proceeding is in the nature of a direct attack upon the county court judgment, since it was brought in a different court we will treat it as a collateral attack. Appellant alleged and sought to…