# Balsewicz v. Chicago, Burlington & Quincy Railroad

> Illinois Supreme Court · April 23, 1909 · 240 Ill. 238

URL: https://www.frixlaw.com/law-library/cases/6974416

## Case

- **Full name:** Dominick Balsewicz, Admr. v. The Chicago, Burlington and Quincy Railroad Company
- **Court:** Illinois Supreme Court
- **Decided:** April 23, 1909
- **Citations:** 240 Ill. 238; 88 N.E. 734
- **Precedential status:** Published
- **Opinion:** Dissent by Farmervickers
- **Judges:** Dunn, Farmer, Hand, Scott, Vickers
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6974416

## Opinion text

Farmer and Vickers, JJ., dissenting:
We cannot assent to the reversal of the judgment in this case on the grounds stated in the opinion. There are, as we understand the law, exceptions. to the general rule against collateral attack on judgments. Where a court, not having jurisdiction to appoint an administrator of the deceased, is induced by fraud to make the appointment, we think it is subject to attack collaterally in the interests of justice, and this view finds support in Sidensparker v. Sidensparker, 52 Me. 481 , Pisano v. Shanley Co. (N. J.) 48 Atl. Rep. 681 , Broughton v. Bradley, 34 Ala. 694 , and Harwood v. Wylie, 70 Tex. 538 .
In our opinion the judgment in this case should have been affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6974416. Public record. Not legal advice.