direct attack

direct attack
A challenge of the integrity of a judgment, in the action wherein the judgment was rendered, by a proceeding maintained for the express purpose of vacating, suspending, annulling, reversing, or modifying the judgment. Mitchell v Village Creek Drainage Dist. (CA8 Ark) 158 F2d 475; Hall v Huse, 122 Ark 67, 182 SW 535; Mastin v Gray, 19 Kan 458, 466. Some authorities regard a suit to obtain equitable relief by way of an injunction against the enforcement of a judgment or by the annulment or setting aside of a judgment as a direct attack upon the judgment. Other authorities say that such a suit is an indirect attack upon the judgment, although not to be regarded as a collateral attack. 30A Am J Rev ed Judgm § 856.

Ballentine's law dictionary. . 1998.

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