History
  • No items yet
midpage
Collins v. Fraiser
27 Ind. 477
Ind.
1867
Check Treatment
Erazer, J.

The only question in this case is whether the complaint was good. It was to obtain a perpetual injunction to prevent proceedings to collect a judgment which it was shown had been obtained in violation of an existing injunction, still standing in full force, obtained by other parties. It is contended by the appellant that the remedy was by proceedings under the existing injunction for contempt in violating it. This proposition is not tenable. The judgment obtained in violation of the injunction is void. *478Farnsworth v. Fowler, 1 Swan 1; Turner v. Gatewood, 8 B. Mon. 613; Winn v. Albert, 2 Md. Ch. Dec. 42. If the judgment be v.oid, then proceedings to collect it may be enjoined. Strong v. Daniel, 5 Ind. 348; Smith v. Chandler, 13 Ind. 513.

J. McCabe, for appellants. J. A. Brown, A. A. Rice, T. A. Hendricks, O. B. Hord and A. W. Hendricks, for appellees.

This suit was not upon the judgment sought to be enjoined, and it was uot necessary, therefore, to make a copy of that judgment a part of the complaint. The idea that.a plaintiff must, or may, incumber his complaint with copies of every instrument necessary to be used by him in evidence, has no warrant in the code.

The j udgment is affirmed, with costs.

Case Details

Case Name: Collins v. Fraiser
Court Name: Indiana Supreme Court
Date Published: May 15, 1867
Citation: 27 Ind. 477
Court Abbreviation: Ind.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.