Cody v. Cody
Wisconsin Supreme Court
Appeal from an order of the circuit court for Jefferson county: JohN E. BeNNett, Circuit Judge, This is an appeal from an order of the circuit court for Jefferson county overruling a demurrer to the complaint.
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Appeal from an order of the circuit court for Jefferson county: JohN E. BeNNett, Circuit Judge, This is an appeal from an order of the circuit court for Jefferson county overruling a demurrer to the complaint. The object of the action is to set aside as fraudulent and void a certain deed of all of Dr. James Cody’s real estate, made January 28, 1888, to the defendant, W. G. Cody, his. son, and a mortgage thereon for $20,000 made by the defendant to one Frank B. Tuttle, and also to have the title of the property adjudged to be in the plaintiffs and defendant jointly. The plaintiffs are three of…
1Opinion of the CourtWinslow, J.
This is an action in equity brought in,the circuit court for Jefferson county to set aside a deed and mortgage of certain real estate which had been made in ■obedience to an order of the county court of Dodge county. It is not attempted in this action to set aside or vacate the *450order itself, but to annul the acts done in pursuance of the order, while leaving the order itself unreversed and unre-voked by any direct proceeding. It is, within all the authorities, «a collateral attack upon the order. The principles which govern a collateral attack.upon an order or judgment of a court are well…
2Cases cited5 opinions
- Mohr v. ManierreSupreme Court of the United States · 1880
- Platto v. DeusterWisconsin Supreme Court · 1868
- Mohr v. PorterWisconsin Supreme Court · 1881
- American Loan & Trust Co. v. BondWisconsin Supreme Court · 1895
- Geise v. GreeneWisconsin Supreme Court · 1880
3Cited by15 opinions
- Parsons v. ParsonsWisconsin Supreme Court · 1898
- Werner v. RiemerWisconsin Supreme Court · 1949
- Carpenter v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1904
- State v. CampbellWisconsin Supreme Court · 2006
- In Re Estate of BootsWisconsin Supreme Court · 1976
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