Johnson v. State ex rel. Slinkard

On Petition por a Rehearing.

Elliott, C. J.

— It is argued that the appellant’s property should not be subjected to sale, because she wás not liable upon the instrument on which the judgment was founded. This question can not be considered in this collateral proceeding. The judgment is conclusive, both as to her liability *224and. its character. The judgment is an ordinary judgment quod recuperet, and her property was liable to be sold upon -execution to satisfy it.

We can not enter into a consideration of the validity of the judgment, 1st, because the complaint affirms its validity; 2d, because…