collateral attack

Attempting to impeach or challenging the integrity of ajudgment, decree, or order in an action or proceeding other than that in which the judgment, decree, or order was rendered, other than by appeal from, or review of, the judgment, decree, or order, and other than an action or proceeding instituted for the express purpose of annulling, correcting, or modifying the judgment, decree, or order, or enjoining its execution. Morrill v Morrill, 20 Or 96, 25 P 362; an attack upon a judgment, decree, or order offered, in an action or proceeding other than that in which it was obtained, in support of the allegations or contentions of an adversary in the action or proceeding, as where the judgment is offered in support of a title or as a foundation for applying the doctrine of res judicata. 30A Am J Rev ed Judgm § 851. An attack is collateral if made upon a judgment in an action that has an independent purpose other than impeaching a judgment, even though impeaching the particular judgment may be essential to the success of the action. Hoverstad v First Nat. Bank & Trust Co. 76 SD 119, 74 NW2d 48, 56 ALR2d 938.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • collateral attack — see attack Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. collateral attack n …   Law dictionary

  • collateral attack on judgment — See collateral attack …   Ballentine's law dictionary

  • collateral — col·lat·er·al 1 /kə la tə rəl, la trəl/ adj 1 a: accompanying as a secondary fact, activity, or agency but subordinate to a main consideration b: not directly relevant or material a collateral evidentiary matter a collateral issue 2: belonging to …   Law dictionary

  • attack — at·tack n: an attempt to prove something invalid or incorrect esp. through judicial procedures made an attack on the will as not properly witnessed; specif: an attempt to have the judgment of a court corrected or overruled collateral attack: an… …   Law dictionary

  • collateral — /kalaetsral/ Property which is pledged as security for the satisfaction of a debt. Collateral is additional security for performance of principal obligation, or that which is by the side, and not in direct line. Shaffer v. Davidson, Wyo., 445… …   Black's law dictionary

  • collateral impeachment — A collateral attack. Racey v Racey, 12 Okla 650, 73 P 305. See collateral attack …   Ballentine's law dictionary

  • attack — To fall upon with force; to assault, as with force of arms; to assault. Phipps v State, 34 Tex Crim 560, 565, 31 SW 397. To question validity or sufficiency, as to attack a statute on constitutional grounds or to attack a pleading for want or… …   Ballentine's law dictionary

  • collateral proceeding — An action or proceeding wherein a judgment is attacked collaterally, that is, without seeking directly the overturning of the judgment. Alford v Guffy (Ky) 115 SW 216, 217. See collateral attack …   Ballentine's law dictionary

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