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DIRECT ATTACK Definition & Legal Meaning

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Definition & Citations:

A direct attack on a judgment or decree is an attempt, for sufficient cause, to have it annulled, reversed, vacated, corrected, declared void, or enjoined, in a proceeding instituted for that specific purpose, such as an appeal, writ of error, bill of review, or injunction to restrain its execution; distinguished from a collateral attack,which is an attempt to impeach the validity or binding force of the judgment or decree as a side issue or in a proceeding instituted for some other purpose. Schneider v.Sellers, 25 Tex. Civ. App. 226, 61 S. W. 541; Smith v. Morrill, 12 Colo. App. 233, 55 Pac. 824; Morrill v. Morrill, 20 Or. 96, 25 Pac. 362, 11 L. R. A. 155, 23 Am. St. Rep. 95;Crawford v. McDonald. 88 Tex. 626, 33 S. W. 325; Eichhoff v. Eichhoff, 107 Cal. 42. 40 Pac. 24, 48 Am. St. Rep. 110.

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