Kaplan v. Kaplan

Feinson & Feinson for respondent. Solomon Biederman for petitioner. is collaterally attacked. There are numerous cases since Williams v. North Carolina (317 U. S. 287) wherein a judgment in one court is collaterally attacked in another tribunal because the first court did not have jurisdiction over the parties or the subject matter. Indeed the declaratory judgment here held the Mexican decree null and void because of lack of jurisdiction of the parties and that in itself was a collateral attack as are all declaratory judgments re marital status. Again in the decision on the motion to punish for contempt the award of alimony was ignored and its enforcement refused because of the error previously referred to, which again was a collateral attack. [*] Names used herein are fictitious for the purposes of publication.