Wilson v. Birt

On Rehearing.

Mr. Justice Denison.

Counsel for the defendant in error insist that the attack by answer of the defendant below upon the previous judgment was a collateral attack, and that a judgment valid on its face is not subject to collateral attack even for fraud.

It seems to have been the opinion of this court, at one time at least, that an attack upon a judgment by answer in another suit was not collateral (Hallack v. Loft, 19 Colo. 74, 34 Pac. 568, and Wilson v. Hawthorne, 14 Colo. 530, 24 Pac. 548, 20 Am. St. Rep. 290), though the Court of Appeals held otherwise (Rawles v. People, 2 Colo.…