Brouzas v. City of Morgantown

I am in agreement as to the reversal, but am unable to agree with the conclusions stated by the Court in the first point of the syllabus. My belief of the extreme importance óf a careful observance of material differences between principles of a collateral attack and a direct at*16tack, that litigants may not be misled to their prejudice, constrains me to write this concurring memorandum.

In 30A Am. Jur., Judgments, Section 845, speaking of the basis for the rule relating to collateral attack, it is said: “The observance of the general rule denying the right collaterally to attack a judgment is…