Legal Opinion
Cochrane v. Tudor Oaks Condominium Project
Court of Appeals of Minnesota
Decided March 28, 1995No. C8-94-1813, C4-94-2036PublishedCited by 32 opinions
1Opinion of the Court
Syllabus by the Court
A judgment debtor who has not previously raised the issue of a judgment creditor's capacity to sue has waived the right to do so, and may not seek to vacate the judgment on the grounds that the judgment creditor lacked capacity to sue.
OPINION
Following protracted litigation and an appeal in the underlying action, respondent Tudor Oaks Condominium Project was awarded a judgment against appellants John A. Cochrane and K.S.C.S. Properties. Appellants brought this action seeking to have the judgment vacated, alleging the judgment was void because it was obtained by a nul tiel…
2Cases cited24 opinions
- George Moore Ice Cream Co. v. RoseSupreme Court of the United States · 1933
- Sache v. WallaceSupreme Court of Minnesota · 1907
- City of Virginia v. Northland Office Properties Ltd. PartnershipCourt of Appeals of Minnesota · 1991
- House v. HansonSupreme Court of Minnesota · 1955
- Myers Through Myers v. PriceCourt of Appeals of Minnesota · 1990
19 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re: John A. Cochrane, Debtor. Tudor Oaks Limited Partnership v. John Alexander CochraneCourt of Appeals for the Eighth Circuit · 1997
- SMLL, L.L.C. v. Peak National BankColorado Court of Appeals · 2005
- Ashton Properties, Ltd. v. OvertonColorado Court of Appeals · 2004
- Real Estate Equity Strategies, LLC v. JonesCourt of Appeals of Minnesota · 2006
- Rukavina v. PawlentyCourt of Appeals of Minnesota · 2004
27 more not listed; retrieve them via the Exa API.