Hughes v. Cummings
| Decision Date | 15 February 1884 |
| Citation | 7 Colo. 203,2 P. 928 |
| Parties | HUGHES v. CUMMINGS. |
| Court | Colorado Supreme Court |
Error to district court of Clear Creek county. Petition for rehearing.
W. T. Hughes and C. C. Post, for plaintiff in error.
R. S. Morrison, for defendant in error.
We have examined carefully the exhaustive argument of counsel upon this application; but neither the reasons assigned nor the authorities cited warrant us in changing our views. An effort was made to impeach the correctness of the record of a court of general jurisdiction in a collateral proceeding. This court has held that unless the defect complained of appears on the face of the record itself, the judgment of such a court is exempt from attack, save in a direct proceeding. The adoption of any other rule would render all judgments insecure, and result in the most disastrous consequences.
The district court had no jurisdiction to try the issue made by replication; therefore no error was committed in sustaining befendant's demurrer thereto.
Rehearing denied.
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Peninsular Sav. Bank v. Ward
... ... Stackhouse v. Zuntz, 36 La. Ann. 529, 533. The same ... point has been decided in many other states. Hughes v ... Cummings, 7 Colo. 203, 2 P. 289, 928 (a county court ... judgment); Earle v. Earle, 91 Ind. 27, 42; ... Phillips v. Lewis, 109 Ind. 62, 68, ... ...
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Youngstown Bridge Co. v. Kentucky & I. Bridge Co.
... ... 27, 42; ... Phillips v. Lewis, 109 Ind. 62, 68, 9 N.E. 395; ... Kingman v. Paulson, 126 Ind. 507, 26 N.E. 393; in ... Colorado, in Hughes v. Cummings, 7 Colo. 203, 2 P ... 928; in Missouri, in Scott v. Crews, 72 Mo. 261, ... 263; in Tennessee, in Byram v. McDowell, 83 Tenn ... 581, ... ...
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Trowbridge v. Allen
... ... judgment will, therefore, stand affirmed ... Counsel ... for appellant cite, and appear to rely upon, Hughes v ... Cummins, 7 Colo. 203, 2 P. 928, the syllabus of which states: ... 'The judgment of a court of general jurisdiction cannot ... be attacked ... ...
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Cochrane v. Parker
...attack, however, it must appear from the record itself that the court, in pronouncing it, acted without jurisdiction. Hughes v. Cummings, 7 Colo. 203, 2 P. 928; Great West Min. Co. v. Woodmas of Alston Min. Co., 14 103, 23 P. 908; Brown v. Wilson, 21 Colo. 309, 40 P. 688. In the case at bar......