The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-10-23

&c. Ana LIl1S even III
ttack.
(d) In other states, a division o
appears as to whethe
his is collateral or direct attack
n Montana this is equivalent tc
md probably is direct attack (be
ause of plaintiffs infancy0 Tn
,ars are down for Impeachment
# this Judgment of probate b
,arol testimony. The U. S. Su
,reme Court calls this "indepen
lent attack"
The leading case on the excer
ion for which we contend to tn
yeneral rule is Galpin VS.. Page
g Wallace. We quote from pag
|65 ct esq.,, for the convenience Q
he Court, the following
"But the rule of law as
stated by the Circuit Court is
not universally true. 1t is
subject to many exceptions
and qualifications, and has no
application to the case at bar.
"Tt is undoubtedly true that
a superior court of general
jurisdiction, proceeding within
the general scope of its pow
ers, is presumed to act right
ly. All intendments of law
in such cases are in favor OF
it's acts. Tt is presumed to
have Jurisdiction to give the
Judgment it renders until the
contrary appears. And this
presumption embraces juris-
diction not only of the cause
or subject-matter of the ac-
ton in which the judgment is
given. but of the parties also.
The former will generally ap-
pear from the character of
the Judgment, and will be de-
termined by the law creating
the court or prescribing its
general powers. The later
Should REGULARLY apnear by
evidence in the record of SER
vice of process uDOn the d.
PENDANT or his annearancN in
the action. Put when the for
n1er exists the latter will he
presumed. This is familiar
law. and is asserted by All the
adiUdged cases. The rule is
different with respect tn
courts &c special and limited
authority: as TO them there is
M presUmntiou Of law in Ca
vOr Of their jurisdiction: thar
nust affirmativeIv aunear by
sufficient evidence or wroner
avorunnn+ IN the rocorI or
their iudompnte viii kn deem
pd void on their faces.
'But the presumptiOns,
which the law implies in sup
port of the judgments of SUI
periOr courts of general iuris-
dictiOn, only arise with res
pect to jurisdictniOal facts
concerning which the record
is silent. Prescriptions are
only INDUCED to supply the
absence of evidence or aver
ments respecting the facts
presumed. Thew have no place
for consideration when tiAe
evidence is disclosed or the
avertment is made. When,
therefore. the record states
the evidence or makes an
averment with reference to a
JurisdictiOnal fact. it will he
understood to speak the truth
on that point, and it will not
be presumed that there was
Otlser or different evidence
respecting the fact, or tina,
the fact was otherwise thar
as averred. If, for example
it appears from the return Of
the officer or THE proof Of
service at a particular place
or if It appears in a like man
ner that the service was mad,
UpOn a nersrOn other than tn,
defendant, il will mt be pre-
sumed in TIE silence IF III,
record. that it was made unol
the defendant also. Were no
this so it would never he pos
side to attack coIIateralIv I'll
Judgment of superior couri
ALTHOUGH a want Of iurislic
tion might be apparent unnl
its face: tho answer m tho at
tack would ALWAYS ha tha,