Collateral Impeachment
Defined in 3 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
A term frequently used in respect of the conclusiveness of judgments, the general rule being that a judgment of a court of record cannot be collaterally impeached, i. e., in an action other than that in which it was rendered, except upon proof of fraud or want of jurisdiction.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A collateral impeachment of a judgment or decree is an attempt made to destroy or evade its effect as an estoppel, by reopening the merits of the cause or by showing reasons why the judgment should not have been rendered or should not have a conclusive effect, in a collateral proceeding, i. e., in any action other than that in which the judgment was rendered ; lor, if this be done upon appeal, error, or certiorari, the impeachment is direct. Burke v. Loan Ass'n, 25 Mont. 315, 64 Pac. 881, 87 Am. St. Rep. 416; Crawford v. McDonald, 88 Tex. 626, 33 S. W. 325 ; Morrill v. Morrill, 20 Or. 96, 25 Pac. 362, 11 In R. A. 155, 23 Am. St. Rep. 95; Harman v. Moore, 112 Ind. 221, 13 N. E. 718; Schneider v. Sellers, 25 Tex. Civ. App. 226, 61 S. W. 541; Bitz-er v. Mercke, 111 Ky. 299, 63 S. W. 771.
Defined under Collateral in Black's Law Dictionary.