Keeler v. Elston
Nebraska Supreme Court
Error to the district court for Platte county. Tried below before Post, J. 1. This judgment cannot be attacked in a collateral proceeding.
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Error to the district court for Platte county. Tried below before Post, J. 1. This judgment cannot be attacked in a collateral proceeding. Millard v. Marmon, 7 N. E. Eep., 468. Willis v. Bayles, 5 N. E. Eep., 8. Lawrey v. Howard, 3 N. E. Eep., 124. Bryant v. JEstabrooh, 16 Neb., 217. Pettiford v. Zoellner, 8 N. W. Eep., 57. Hall v. Durham, 9 N. E„ Eep., 926. .A judgment can only be thus attacked for want of jurisdiction. 2. Fraud is no defense to an action on a judgment of a sister state. Mills v. Dwryee, 7 Cranch, 481. Christmas v. Russell, 5 Wallace, 291. Rea v. Hulbert, 17 111., 572. Union…
1Opinion of the CourtEeese, J.
This action was originally commenced in the county court of Platte county. It was founded upon a judgment *311rendered in favor of plaintiff'and against defendant by the district court of Dodge county, Minnesota, in an action then pending between the parties.
In the second count of defendant’s answer filed in the county court, it is alleged as a defense that the judgment of the Minnesota court was obtained by fraud, that the action was founded upon a promissory note which had been paid. It is averred that the action was commenced and service had upon defendant while he was temporarily visiting…
2Cases cited3 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Eaton v. HastyNebraska Supreme Court · 1877
- Holt v. AllowayIndiana Supreme Court · 1827
3Cited by8 opinions
- Bahr v. BahrSouth Dakota Supreme Court · 1970
- Snyder & Dull v. CritchfieldNebraska Supreme Court · 1895
- Schendel v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1926
- Shary v. EszlingerNorth Dakota Supreme Court · 1920
- Jaster v. CurrieNebraska Supreme Court · 1903
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