Falsetti v. Indiana Oil Purchasing Co.

2 Citing cases

  1. Lowman v. Falsetti

    335 F.2d 632 (5th Cir. 1964)   Cited 8 times
    Holding "a judgment of a domestic court of general jurisdiction, rendered in the exercise of its usual powers, and regular on its face, imports absolute verity."

    The District Court concluded as a matter of law that the judgment of the State District Court was void and subject to collateral attack. Falsetti v. Indiana Oil Purchasing Co., 215 F. Supp. 420 (D.C.N.D.Tex. 1963). The controversy concerns the title to certain land situated in Brazoria County, Texas.

  2. Ernell v. O'Fiel

    441 S.W.2d 653 (Tex. Civ. App. 1969)   Cited 2 times

    The attack in O'Boyle and that made here was collateral, not direct, and under our view of Texas law, defendant cannot prevail. Judge Sarah T. Hughes of the Federal District bench in Dallas, however, in Falsetti v. Indiana Oil Purchasing Co., 215 F. Supp. 420, 425 (DC ND Tex., 1963), did mention O'Boyle as supporting the proposition that in a direct attack, a judgment can be set aside for fraud, not a novel position under the Texas cases. In a Texas case remarkably similar to O'Boyle, no mention was made of the Federal decision: See, Donaldson v. First State Bank of Abernathy, 352 S.W.2d 302 (Amarillo Tex.Civ.App., 1961, error ref. n.r.e.). An examination of the briefs in Donaldson indicates that the appellants therein relief almost exclusively upon O'Boyle for a reversal of the trial court's judgment.