Digest of the decisions of the Supreme Court of Montana; covering all cases in volumes 1 to 47, inclusive, with annotations to the American decisions, ... cases, and Lawyers' reports annotated, and

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 ...an irrigation district is not subject to collateral attack, after the time for appeal has expired.--O'Neill v. Yellowstone Irr. Dist., 44 Mont. 492, 121 Pac. 283. In an action against the sureties on a guardian's bond to recover a judgment entered against the guardian, they cannot attack such a judgment collaterally, or claim that the interest allowed in the judgment is ineorrect.--Botkin v. Kleinschmidt, 21 Mont. 1, 69 Am. St. Rep. 641, 52 Pac. 563. Editorial Notes. Decision against constitutional right as nullity subject to collateral 39 L. R. A. 451. Equitable jurisdiction as to injunctions against 32 L. R. A. 328. § 50. Judgment by Default. The plaintiff, a married woman, sued the defendant, a sheriff, who had levied upon certain personal property, at the instance of certain creditors of plaintiff's husband, and relied upon certain default judgments of said creditors against the husband, to justify the levy. The complaint alleged that the plaintiff owned, and was in possession of the said property at the time of the levy. Held, that the plaintiff was entitled to attack said judgments collaterally.--Palmer v. McMasters, 8 Mont. 186, 19 Pac. 585. § 51. Judgment Void on Its Face in General. A judgment which is absolutely void may be attacked in a collateral proceeding.--Harvey v. Whitlach, 2 Mont. 55. A judgment of the district court, having jurisdiction of the subject matter of the action, unless void on its face or on inspection of the judgment-roll, is not open to collateral attack.--Burke v. Interstate Savings & Loan Assn., 25 Mont. 315, 87 Am. St. Rep. 416, 64 Pac. 879. Where a decree of divorce has been entered by a court of competent jurisdiction, and it appears upon its face to be valid, it cannot be attacked in a c...