Linehan v. Hathaway
LINEHAN v. HATHAWAY
- Area
- civil
- Panel
- Department, Sharpstein
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Departmentsharpstein
Department No. 2, Sharpstein, J.:
This is an appeal from a judgment of nonsuit in an action of ejectment. One of the defenses to the action was, that the premises sued for were allotted to the defendant in an action of partition to which the plaintiff was a party, and in which she appeared by an attorney who conducted her defense throughout the entire proceeding. No appeal has ever been taken from the judgment in partition. But it is contended on behalf of appellant that said judgment is absolutely void. We cannot so regard it. The Court had jurisdiction of the parties and of the *254subject-matter of the action; and its judgment, if erroneous, cannot be attacked in a collateral proceeding.
Judgment affirmed.
Thornton, P. J., and Myrick J., concurred.
Cited by
- Baldwin v. Foster L.A. No. 2401. · 1910-04-21