Bleakley v. Barclay

Citations

• 75 Kan. 462
• 89 P. 906
• 1907 Kan. LEXIS 87

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Impeachment by a Party — Collateral Proceeding. A party to a judgment cannot impeach or set it aside in a collateral proceeding on the ground that it was obtained by perjured testimony.</p> <p>2. - Res Judicata. Upon a .plea of former adjudication a matter will be held res judicata, although not raised as an issue by the pleadings in the former action, if from the record it appears that it formed one of the premises upon which the judgment necessarily rested.</p> <p>3. -Habeas Corpus — Custody of a Child. Where the rights of conflicting claimants to the custody of a child are involved and determined in habeas corpus proceedings the judgment is binding and conclusive, and bars subsequent proceedings by a party thereto upon the same state of facts.</p> <p>4. Constitutional La¶ — Foreign Judgment — Full Faith and Credit. A judgment rendered by a superior court of another state having jurisdiction of the parties and the subject-matter will be given in this state the same faith and credit to which it is entitled in the state where it was rendered.</p> <p>5. - Res Judicata. A judgment rendered in the circuit court of Illinois in habeas corpus for the custody of a child is res judicata and cannot be questioned by a party thereto in subsequent proceedings brought in a court in this state upon the same state of facts.</p> <p>6. Practice, Supreme Court — Review of Ruling on a Motion to Quash. A motion to quash the writ in habeas corpus amounts to a demurrer, and if denied and excepted to any error in the ruling may be urged on appeal, although issues were joined and trial had, provided the proceeding is one which is ap-pealable.</p>