Balsewicz v. Chicago, Burlington & Quincy Railroad
Illinois Supreme Court
Appear from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. S. C. Stough, Judge, presiding.
1Dissent
Farmer and Vickers, JJ.,
dissenting:
We cannot assent to the reversal of the judgment in this case on the grounds stated in the opinion. There are, as we understand the law, exceptions. to the general rule against collateral attack on judgments. Where a court, not having jurisdiction to appoint an administrator of the deceased, is induced by fraud to make the appointment, we think it is subject to attack collaterally in the interests of justice, and this view finds support in Sidensparker v. Sidensparker, 52 Me. 481, Pisano v. Shanley Co. (N. J.) 48 Atl. Rep. 681, Broughton v. Bradley, 34 Ala.…
2Cases cited4 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Sidensparker v. SidensparkerSupreme Judicial Court of Maine · 1864
- Harwood v. WylieTexas Supreme Court · 1888
- Bunting v. BuntingSupreme Court of Pennsylvania · 1901