Skip to main content
· 2/12/1973

Minton v. McGowan

Citations

  • 253 Ark. 945
  • 490 S.W.2d 136
  • 1973 Ark. LEXIS 1690

How courts have described this case

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

  • “A ‘collateral attack’ ... [is] an attempt to avoid, defeat or evade a judicial decree ... in some incidental proceeding ... for the express purpose of attacking the prior judgment.”
  • a trial court lacked subject matter jurisdiction over judgment debtor's action for contribution against its former co-defendants because that action attempted a collateral attack on a prior judgment \not void on its face\
  • “[A] trial court lacks jurisdiction over an action which attempts to collaterally attack a prior judgment (which was not void on its face) in a court other than the one in which it was rendered.”
  • “[A] trial court lacks jurisdiction over an action which attempts to collaterally attack a prior judgment (which was not void on its face) in a court other than the one in which it was rendered.”
  • “Every presumption will be indulged in favor of the validity of a judgment rendered by a court having jurisdiction of the subject matter and the parties; and until set aside in a manner prescribed by law, such judgment will be given effect.”
  • “Every presumption will be indulged in favor of the validity of a judgment rendered by a court having jurisdiction of the subject matter and the parties; and until set aside in a manner prescribed by law, such judgment will be given effect.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Byrd, Harris

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.