Kaufman & Sons v. Foster
Mississippi Supreme Court
Kaufman & Sons v. Foster, 89 Miss. 388 (Miss. 1906)
42 So. 667
Calhoon
Kaufman & Sons v. Foster
Opinion of the Court
delivered the opinion of the court.
No objections to the testimony having been made below, we cannot consider them here. The defense to the suit on the judgment by default that process was never served and the original proceeding never heard of until notice of the present suit, is not a collateral attack upon it, certainly as between the same parties.
Affirmed.
Reference
- Full Case Name
- Kaufman & Sons v. J. M. Foster
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Appeals. Evidence. Objections not made at trial. The admissibility of testimony cannot be considered on appeal unless made the subject- of objection in the trial court. 2. Judgment. Collateral attack. It is not a collateral attack on a judgment as between the original parties to the same, for the defendant to resist the revival thereof by the introduction of testimony to show that he was wholly without notice of the proceeding resulting in the judgment.