Thomas v. Ireland
Court of Appeals of Kentucky
Case 90 — PETITION EQUITY — APPEAL FROM HANCOCK CIRCUIT COURT. The rule that a judgment can not be collaterally questioned does not apply where the sheriff falsely returns the summons as served, when in fact there was no service of summons, and no knowledge of the pendency of the action. The return of an officer, acting within the scope of his authority, can not be collaterally questioned. It can only be questioned by direct proceedings against the officer for that purpose.
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Case 90 — PETITION EQUITY — APPEAL FROM HANCOCK CIRCUIT COURT. The rule that a judgment can not be collaterally questioned does not apply where the sheriff falsely returns the summons as served, when in fact there was no service of summons, and no knowledge of the pendency of the action. The return of an officer, acting within the scope of his authority, can not be collaterally questioned. It can only be questioned by direct proceedings against the officer for that purpose. (The Sergeant of Court of Appeals v. George, 5 Litt., 199; Smith v. Hornback, &c., 3 A. II. M., 392; Trimble v. Eram, 3…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
In 1880, upon the petition of J. B. Ireland and cross-petition of Joel Marshal, against the appellants, the Hancock Circuit Court, rendered judgment enforcing mortgage liens upon a tract of land belonging to the appellant, Mrs. Thomas, whicli was executed by her, and appellant, J. C. Thomas, to the appellees, J. B. Ireland and Joel Marshal. The return of the sheriff' of Hancock county showed that summons was served upon both of the appellants in each case. The judgment was rendered by default, and the land was sold to satisfy the judgment, and…
2Cases cited1 opinion
- Sergeant of the Court of Appeals v. GeorgeCourt of Appeals of Kentucky · 1824
3Cited by9 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Reese Lumber Co. v. Licking Coal & Lumber Co.Court of Appeals of Kentucky · 1914
- Doty v. Deposit Building & Loan Ass'nCourt of Appeals of Kentucky · 1898
- Meyer v. WilsonIndiana Supreme Court · 1906
- Francis v. Lilly'sCourt of Appeals of Kentucky · 1907
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