Clark v. Berkey

BOYDSTON, Judge.

Tenant sued apartment management firm, its manager (Landlord) and his attorney, Malcom Hall, claiming they wrongfully evicted her under a void forcible entry and detainer judgment. No attempt was made by Tenant to set aside the prior judgment. Trial court sustained a demurrer and a special demurrer to Tenant’s petition and she appeals.

Tenant lists three propositions of error, all of which arise from the central, disposi-tive issue of whether the prior forcible entry and detainer judgment is void on its face and therefore subject to collateral attack. In this case, although…