53 Colo. 313 | Colo. | 1912
delivered the opinion of the court:
The attack made upon the judgment of the county court of Hinsdale county is collateral. Where the court has jurisdiction of the parties and the subject matter in a case, its judgment, unless reversed or annulled in some proper proceeding, is not open to attack or impeachment in any collateral action or proceeding whatever. Trowbridge v. Allen, 48 Colo. 419 (421). From the averments of the complaint it appears without question that the county court of Hinsdale county had jurisdiction of the subject matter of the action instituted by
It may be that the complaint in the action brought by the treasurer did not state a cause of action, but the question, under the facts of this case, could only be raised by the defendant therein, the plaintiff in the case here under consideration, by a direct attack. The attack made is collateral.
The judgment of the district court is reversed and the cause remanded for further proceedings in harmony with the views expressed herein. Reversed and Remanded