[DOWNLOAD] "Osborn v. Painter" by Supreme Court of the United States * Book PDF Kindle ePub Free
eBook details
- Title: Osborn v. Painter
- Author : Supreme Court of the United States
- Release Date : January 08, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The question posed by this case is whether a civil action is subject to dismissal for failure to state a claim upon which relief can be granted when the action, confessedly, is brought to relitigate issues resolved by a final county court judgment entered in 1989. Richard B. Osborn (Osborn), who represents himself in all his litigation, asserts he is not foreclosed from a collateral attack on the county court judgment because Donald L. Painter (Painter), the attorney for Clarice Lyle Manning (Manning), made an incorrect and fraudulent statement in pleading the county court action; for that reason, the county court judgment is deemed void; and, in any event, res judicata would not apply as to Painter, a party in this action who was not a party in the county court action. The district court dismissed Osborns complaint, after finding the county court judgment could not be attacked by a separate action, and Osborns only remedies were appeal or a motion for relief under the provisions of WYO. R.CIV.P. 60(b). We are satisfied as to the finality of the county court judgment, and we agree with the district court that the claim is simply an effort to relitigate the issues posed before the county court and resolved by a final judgment. We affirm the order of dismissal entered in the district court, and we - Page 962 also grant Painters and Mannings Motion for Sanctions.