Public-domain · open source
OpenJurist

7 Colo. 203

Hughes v. Cummings

Supreme Court of Colorado

Decided December 15, 1883

Supreme Court of Colorado · decided 1883-12-15

<p>The judgment of a court of general jurisdiction cannot be attacked except in a direct proceeding.</p>

Cited by 5 later decisions — most recently April 1912

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1883-12-15

View the full empirical analysis of this case →

¶1On petition for rehearing the following opinion was delivered by

Helm, J.

¶2We have carefully examined the exhaustive argument of counsel upon this application; but neither the reasons assigned, nor the authorities cited, warrant us in changing our views.

¶3An 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.

¶4The district court had no jurisdiction to try the issue nTade by the replication; therefore no error was committed in sustaining defendant’s demurrer thereto.

¶5Rehearing denied.

/7/colo/203 · .json · Public domain