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27 Ind. 477

Collins v. Fraiser

Indiana Supreme Court

Decided May 15, 1867

Indiana Supreme Court · decided 1867-05-15

<p>APPEAL from the Tippecanoe Common Pleas.</p>

Relies on Strong v. Daniel · Smith v. Chandler

Good law ✅— No negative treatment on recordhow we know

Decided 1867-05-15

How this case has been cited

Cited by 4 later decisions — most recently November 1890

4 state decisions

201867187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Erazer, J.

¶1The only question in this case is whether the complaint was good. It was to obtain a perpetual injunction to prevent proceedings to collect a judgment which it was shown had been obtained in violation of an existing injunction, still standing in full force, obtained by other parties. It is contended by the appellant that the remedy was by proceedings under the existing injunction for contempt in violating it. This proposition is not tenable. The judgment obtained in violation of the injunction is void. *478Farnsworth v. Fowler, 1 Swan 1; Turner v. Gatewood, 8 B. Mon. 613; Winn v. Albert, 2 Md. Ch. Dec. 42. If the judgment be v.oid, then proceedings to collect it may be enjoined. Strong v. Daniel, 5 Ind. 348; Smith v. Chandler, 13 Ind. 513.

J. McCabe, for appellants.J. A. Brown, A. A. Rice, T. A. Hendricks, O. B. Hord and A. W. Hendricks, for appellees.

¶2This suit was not upon the judgment sought to be enjoined, and it was uot necessary, therefore, to make a copy of that judgment a part of the complaint. The idea that.a plaintiff must, or may, incumber his complaint with copies of every instrument necessary to be used by him in evidence, has no warrant in the code.

¶3The j udgment is affirmed, with costs.

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