Soden International, Inc. v. First Security Bank of Idaho, N.A.

Although the Court’s resolution of this case may appear on the surface to be consistent with precedent of the United States Supreme Court, it definitely appears to be inconsistent with our recent opinion in Andre v. Morrow, 106 Idaho 455, 680 P.2d 1355 (1984). In Andre the Court stated that, “The issue of whether a court has exceeded its jurisdiction is always open to collateral attack in Idaho,” and a judgment based upon questionable jurisdiction “can be collaterally attacked at any time.” Id. at 459, 680 P.2d 1335 (emphasis added). The Court was unanimous on this issue. In that case the…