(DOWNLOAD) "Apple v. Edwards" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Apple v. Edwards
- Author : Supreme Court of Montana
- Release Date : January 23, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Appeal and error ? Words and Phrases ? "Law of the case". When a case is decided by the Supreme Court, the decision therein becomes "the law of the case" and must be adhered to throughout its subsequent progress in trial court and appellate court. 2. Judgment ? Void judgments and collateral attack. Absence of authority in court to render particular judgment which it pronounced renders the judgment void and open to collateral attack. 3. Judgment ? Effect of application of "Law of case" rule. Where Supreme Court determined that pleadings were insufficient to support an affirmative judgment in favor of defendants against the plaintiff and remanded cause to trial court, a subsequent default judgment again awarding affirmative relief against plaintiff with no amendment of the pleadings was void as beyond the authority of trial court, and could be successfully attacked collaterally or otherwise. 4. Execution ? Execution on void judgment. Where default judgment was void, execution issued upon such judgment was also void, and title to lands sold thereunder could not pass to purchasers at the execution sale.
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