collateral attack

Attempting to impeach or challenging the integrity of ajudgment, decree, or order in an action or proceeding other than that in which the judgment, decree, or order was rendered, other than by appeal from, or review of, the judgment, decree, or order, and other than an action or proceeding instituted for the express purpose of annulling, correcting, or modifying the judgment, decree, or order, or enjoining its execution. Morrill v Morrill, 20 Or 96, 25 P 362; an attack upon a judgment, decree, or order offered, in an action or proceeding other than that in which it was obtained, in support of the allegations or contentions of an adversary in the action or proceeding, as where the judgment is offered in support of a title or as a foundation for applying the doctrine of res judicata. 30A Am J Rev ed Judgm § 851. An attack is collateral if made upon a judgment in an action that has an independent purpose other than impeaching a judgment, even though impeaching the particular judgment may be essential to the success of the action. Hoverstad v First Nat. Bank & Trust Co. 76 SD 119, 74 NW2d 48, 56 ALR2d 938.