Dixie Meadows Independence Mines Co. v. Kight

Plaintiffs assign that the court erred in sustaining the demurrer to plaintiffs’ amended complaint and rendering a judgment of dismissal of the suit. Plaintiffs’ suit is a direct attack on the decree in the former suit. A suit in equity brought to avoid a decree for want of service is not a collateral attack: Lieblin v. Breyman Leather Co., 82 Or. 22 (160 P. 1167); Morrill v. Morrill, 20 Or. 96 (25 P. 362, 11 L. R. A. 155, 23 Am. St. Rep. 95); Acton v. Lamberson, 102 Or. 472 (202 P. 421, 732). In the latter case it was held, in effect, that any attack which has for its object the setting…