Nelson v. Becker

The opinion of the court was delivered by

Valentine, J.:

The principal if not the only question involved in this case, is, whether a judgment of a justice of the peace rendered upon a service of summons made only two days prior to the time of rendering such judgment is to be deemed valid and binding, when attacked collaterally, or whether such a judgment must be deemed void in all cases. We think that such a judgment is never void, but only voidable, and must be held valid and binding in all cases until reversed, vacated, or set aside by some direct proceeding instituted for that purpose. It is…