Strickland v. Bridges
Citations
- 21 S.C. 21
- 1884 S.C. LEXIS 67
Syllabus
<p>1. The sole heir at law of a distributee of an intestate estate eannot maintain an action for account against the administrators of the first intestate. The action must he brought by an administrator of the distributee.</p> <p>2. An administrator de bonis non is a necessary party to an action for an account of the administration by the first administrators.</p> <p>3. It is error to rule that after twenty years the legal presumption of payment cannot be rebutted.</p> <p>4. No matter what were the reasons given, the refusal of a Circuit judge to permit an amendment, whereby a new party (not known to exist) would be substituted for a sole plaintiff, will not be disturbed.</p> <p>5. Jennings v. Springs, Bail. Eq., 181, explained, and its present authority doubted.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “When a judgment was issued without jurisdiction or was procured by fraud, it is void and is subject to collateral attack.”
- “collateral attacks on judgments conceivably can be mounted in either the court that issued the judgment or in a different court, as they involve any new ‘proceeding’ not encompassed within the proceeding in which the original judgment was entered”
- describing collateral attacks in general
Source: CourtListener parenthetical corpus (CC0).
Judges: McIver
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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