“In the absence of fraud or collusion a judgment is conclusive as between the parties and their privies on all issues which were (or should have been) litigated in the action."
How later courts described this case
- “In the absence of fraud or collusion a judgment is conclusive as between the parties and their privies on all issues which were (or should have been) litigated in the action."
Written by the judges who cited it.
The opinion
GIVENS, Justice
(especially concurring).
I concur in the conclusion reached because it was not shown the motion to vacate was made within a reasonable time. Keane v. Allen, 69 Idaho 53 , 202 P.2d 411 . It is, therefore, unnecessary to pass on whether Section 32-701, I.C. is or is not jurisdictional — hence I do not concur in holding it is not.