court had no authority to direct the making of the mortgage, and will not affect the order unless it is absolutely void.72 A petition asking that a judgment sued on be set aside, without raising any question of proper service or jurisdiction, is a collateral attack upon a judgment entered by a court of general jurisdiction in another cause, and cannot be entertained.73 An attack on a judgment as void, made by way of defense to a suit to revive it, is a collateral attack.74

A direct attack on a judgment is some proceeding in the action in which it was rendered, either by a motion before the court which rendered it or on appeal," 75 or writ of error,76 as an attack on a judgment on the grounds of its being procured by fraud, or a separate proceeding to vacate a judgment because rendered without securing jurisdiction of the person of defendant,77 or in case of a cross-complaint filed in an action to quiet title, setting up that the summons was not served in the foreclosure proceedings on which plaintiff's title is based,78 or an objection to the sale of a homestead on execution, on the ground that the property was not subject thereto, made in a suit to quiet title.79

An action brought to set aside a decree fraudulently obtained, though asking for further relief in the matter of quieting title, is not a collateral attack.80

FORMS FOR REVIEW AND AMENDMENTS.

§ 1544. Petition to amend judgment to accord with the findings or decision,

The petition of A. B. respectfully shows that he is the plaintiff in the above-entitled action; that in the judgment in this action,

72 Stambach v. Emerson, 139 Cal. 282, 72 Pac. 991.

73 People v. McKelvey, 19 Colo. App. 131, 74 Pac. 533.

74 Haupt v. Simington, 27 Mont. 480, 94 Am. St. Rep. 839, 71 Pac. 672.

75 Parsons v. Weis, 144 Cal. 410, 77 Pac. 1007.

76 O'Neill v. Potvin, 13 Idaho, 721, 93 Pac. 20.

77 Symes v. Charpiot, 17 Colo. App. 463, 69 Pac. 311.

78 Northwestern etc. Hypotheek Bank v. Ridpath, 29 Wash. 687, 70 Pac. 139; Donaldson v. Winningham, 48 Wash. 374, 125 Am. St. Rep. 937, 93 Pac. 534.

79 Lewis v. Mauerman, 35 Wash. 156, 76 Pac. 737.

80 Noble v. Aune, 50 Wash. 73, 96 Pac. 688.

which was entered on the . . . day of. 19.., an error was inadvertently made in this, to-wit: [Here state the error, and show in what respect the judgment differs from the findings or decision.]

That, in furtherance of justice, the said judgment ought to be amended by [state precisely the amendment necessary].

That, as your petitioner is informed and believes, no rights of third parties have intervened or will be prejudiced by such amendment.

Wherefore, your petitioner prays that said judgment may be amended in manner aforesaid.

[JURAT.]

[Add verification.]

A. B.

[This petition should be brought to hearing by notice of motion or order to show cause.]

§ 1545. Outline of complaint to set aside judgment procured by perjury or fraud.

[TITLE.]

Form No. 473.

The plaintiff, complaining of the defendant, respectfully alleges: I. That on the . . . day of . . ., 19.., judgment was rendered and entered by this court in an action then and there pending, wherein the above-named defendant was plaintiff, and this plaintiff was defendant, by which it was adjudged that the abovenamed defendant recover of this plaintiff the sum of . . . dollars. [Or, otherwise, state the nature of the judgment according to the fact.]

II. That said judgment was obtained by perjury [or, by subornation of perjury; or, by fraudulent practice] on the part of said A. B., [plaintiff in former action], in this: [Here state fully and particularly the perjury or fraud committed, and show that it was practiced by the prevailing party, and that the former judgment was based thereon.]

III. That this plaintiff did not discover or know of said perjury [or, fraud] until on or about the . . . day of . . ., 19.., and thereupon [state diligence used in commencing the present action], and that this action was commenced on the . . . day of . . ., 19.., and within [three] years after the discovery by this plaintiff of said fraud [or, perjury].

IV. That this plaintiff has suffered damages by the rendition of said former judgment, in this: [Here state damages suffered.] Wherefore, the plaintiff prays that said judgment be set aside. and held for naught, and that said defendant be enjoined from enforcing the same. [Or demand such other relief as the statute authorizes and as the case may require.]

[VERIFICATION.]

G. H., Plaintiff's Attorney.