26-3-101. Kinds of jurisdiction necessary to sustain a record
26-3-101. Kinds of jurisdiction necessary to sustain a record. The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment. History: En. Sec. 3205, C. Civ. Proc. 1895; re-en. Sec. 7923, Rev. C. 1907; re-en. Sec. 10567, R.C.M. 1921; […]
26-3-102. What considered adjudged in a judgment
26-3-102. What considered adjudged in a judgment. That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged or which was actually and necessarily included therein or necessary thereto. History: En. Sec. 3199, C. Civ. Proc. 1895; re-en. Sec. 7917, Rev. C. 1907; re-en. Sec. 10561, […]
26-3-103. When parties are considered to be the same
26-3-103. When parties are considered to be the same. The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both […]
26-3-104. Principal bound when surety bound
26-3-104. Principal bound when surety bound. Whenever, pursuant to 26-3-102, 26-3-103, 26-3-201, and 26-3-202, a party is bound by a record and the party stands in the relation of a surety for another, the other person is also bound from the time that the person has notice of the action or proceeding and an opportunity at […]
26-3-105. Impeachment of a judicial record
26-3-105. Impeachment of a judicial record. Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record in respect to the proceedings. History: En. Sec. 3204, C. Civ. Proc. 1895; re-en. Sec. 7922, Rev. C. […]
26-3-201. Effect of judgment or final order — when conclusive
26-3-201. Effect of judgment or final order — when conclusive. The effect of a judgment or final order in an action or special proceeding before a court or judge of this state or of the United States having jurisdiction to pronounce the judgment or order is as follows: (1) In case of a judgment or order against […]
26-3-202. Effect of other judicial orders — when disputable presumption created
26-3-202. Effect of other judicial orders — when disputable presumption created. Other judicial orders of a court or judge of this state or of the United States create a disputable presumption, according to the matter directly determined, between the same parties and their representatives and successors in interest by title subsequent to the commencement of the […]
26-3-203. Effect of judicial record of another state
26-3-203. Effect of judicial record of another state. The effect of a judicial record of another state is the same in this state as in the state where it was made, except that it may be enforced in this state only by an action or special proceeding. However, the authority of a guardian, committee, executor, or […]
26-3-204. Effect of judicial record of foreign court of admiralty
26-3-204. Effect of judicial record of foreign court of admiralty. The effect of the judicial record of a court of admiralty of a foreign country is the same as if it were the record of a court of admiralty of the United States. History: En. Sec. 3202, C. Civ. Proc. 1895; re-en. Sec. 7920, Rev. C. 1907; […]
26-3-205. Effect of judgments of other foreign tribunals
26-3-205. Effect of judgments of other foreign tribunals. The effect of the judgment of any other tribunal of a foreign country having jurisdiction to pronounce the judgment is as follows: (1) In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing. (2) In case of a judgment against a […]