Legal Opinion

Collins v. Fraiser

Indiana Supreme Court

Decided May 15, 1867PublishedCited by 6 opinions

APPEAL from the Tippecanoe Common Pleas.

1Opinion of the CourtErazer, J.

The only question in this case is whether the complaint was good. It was to obtain a perpetual injunction to prevent proceedings to collect a judgment which it was shown had been obtained in violation of an existing injunction, still standing in full force, obtained by other parties. It is contended by the appellant that the remedy was by proceedings under the existing injunction for contempt in violating it. This proposition is not tenable. The judgment obtained in violation of the injunction is void. *478Farnsworth v. Fowler, 1 Swan 1; Turner v. Gatewood, 8 B. Mon. 613; Winn v. Albert, 2 Md.…

2Cases cited3 opinions

  1. Strong v. DanielIndiana Supreme Court · 1854
  2. Smith v. ChandlerIndiana Supreme Court · 1859
  3. Turner v. GatewoodCourt of Appeals of Kentucky · 1848

3Cited by6 opinions

  1. Doctor v. HartmanIndiana Supreme Court · 1881
  2. Elson v. O'DowdIndiana Supreme Court · 1872
  3. Hearne v. Stanly CountySupreme Court of North Carolina · 1924
  4. Lee v. GrossIndiana Supreme Court · 1890
  5. Main v. FieldIndiana Court of Appeals · 1895

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