Caldwell v. Barnes

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that bill-of-review claimant alleging that he was not served with citation is relieved from showing that judgment was rendered as result of the fraud, accident, or wrongful act of opposite party or official mistake
• noting that it is the bill of review petitioner’s burden to prove lack of service
• noting that fact questions pertaining to service “[are] properly resolved at trial and not by the trial court in a pretrial proceeding if the material facts are disputed”
• stating that proof of non-service will conclusively establish third element of bill of review
• explaining that bill of review is an equitable proceeding brought by a party seeking to set aside a prior judgment that is no longer subject to challenge by new trial motion or appeal
• noting that the bill of review plaintiff’s “attorney specifically asserted to the trial court that service of process was a ‘question of fact’ and that [he] was entitled to a trial on the issue”

Source: CourtListener parenthetical corpus (CC0).