State v. Eves
Idaho Supreme Court
APPEAL from District Court, Latab County. A judgment absolutely void on its face may be attacked anywhere directly or collaterally, either by parties or strangers. {■Joyce v. McAvoy, 31 Cal. 274, 89 Am. Dec. 172, and note; Forbes v. Hyde, 31 Cal. 342.) A judgment void on its face is one that appears to be void by inspection of the judgment-roll, and it is only such judgment that can be attacked either directly or collaterally, without reference to the lapse of time.
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APPEAL from District Court, Latab County. A judgment absolutely void on its face may be attacked anywhere directly or collaterally, either by parties or strangers. {■Joyce v. McAvoy, 31 Cal. 274, 89 Am. Dec. 172, and note; Forbes v. Hyde, 31 Cal. 342.) A judgment void on its face is one that appears to be void by inspection of the judgment-roll, and it is only such judgment that can be attacked either directly or collaterally, without reference to the lapse of time. (People v. Harrison, 84 Cal. 607, 24 Pac. 311; Norton v. Atchison etc. B. Go., 97 Cal. 388, 33 Am. St. Eep. 198, 30 Pac. 585, 32…
1Opinion of the CourtSullivan, C. J.
— This action was brought to vacate and set aside a certain judgment and decree of foreclosure and all proceedings thereunder in the suit of Robert Balfour, R. B. Foreman and Alexander Guthrie, plaintiffs, against Thomas Eves and Ellen Eves, his wife, J. L. Hallett & Sons, and F. N. Hallett, defendants, which action was brought to foreclose a mortgage on real estate belonging to the defendants Thomas and Ellen Eves. The judgment and decree of foreclosure were made and entered on the twenty-eighth day of June, 1894, and the sale thereunder was made September 4, 1895. The appellant demands, in…
2Cases cited2 opinions
- Adams v. WoodsCalifornia Supreme Court · 1857
- People v. PfeifferCalifornia Supreme Court · 1881
3Cited by9 opinions
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- In Re BladesIdaho Supreme Court · 1939
- Rural High School District No. 1 v. School District No. 37Idaho Supreme Court · 1919
- In Re the Incorporation of Fernan Lake VillageIdaho Supreme Court · 1958
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