Opinion

Lowman v. Falsetti

  • 335 F.2d 632
  • 1964 U.S. App. LEXIS 4488
Court
Court of Appeals for the Fifth Circuit
Filed
Aug 14, 1964
Status
Published
Author
Tuttle
On the bench
Brown, Gewin, Tuttle
Cited by
9 cases
Authority
More cited than 18.2%

when “a judgment is collaterally attacked, every reasonable presumption that may be necessary to uphold it will be indulged, the necessary jurisdictional facts will be presumed, and it will be presumed also that in rendering the judgment, the court complied with all the mandatory provisions regulating its exercise of power”

How later courts described this case

  • when “a judgment is collaterally attacked, every reasonable presumption that may be necessary to uphold it will be indulged, the necessary jurisdictional facts will be presumed, and it will be presumed also that in rendering the judgment, the court complied with all the mandatory provisions regulating its exercise of power”

Written by the judges who cited it.

The opinion

TUTTLE, Chief Judge

(specially concurring) .

I concur in the result and in all that is said that is relevant to our decision. I write this brief concurring opinion only because I think that what is said about abstention is not appropriately a part of this opinion, and because I disagree with the major implications contained in the discussion of this subject. I can not conceive of our giving serious thought to abstaining in this case. I am not persuaded that we are not still guided in this area of the law by Meredith v. City of Winter Haven, 320 U.S. 228 , 64 S.Ct. 7 , 88 L.Ed. 9 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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