
    Witt vs. Russey.
    The validity of a judgment cannot be attacked collaterally by parol evidence. It must be tested by the record.
    Witt recovered a judgment before French, a justice of the peace of Franklin county, against Carter, Russey and Smith, for sixty dollars, and execution issued therefor. The case was removed by Russey to the circuit court, so far as he was concerned, by writ of certiorari. On the trial in the circuit court on a motion to quash the execution, it appeared by the statement of the justice, and the production of a note and endorsement, that the judgment was rendered against Carter on his endorsement of a note. The motion to quash prevailed, and judgment was entered accordingly. The plaintiff appealed.
    S. Turney, for Witt.
    
      Carter, for Russey.
   Turley, J.

delivered the opinion of the court.

This is an attempt on the part of a defendant in an execution, to impeach the validity of the judgment, by parol proof. He says his liability arose out of an endorsement, and that the amount is greater, than that over which a justice of the peace has jurisdiction by law; the proceedings before the justice do not show in what character the liability of the defendant arose, either in the warrant or the judgment; but the justice is examined as a witness, and proves that it was as endorser. This was illegal; we have held repeatedly that if a judgment be valid upon its face, it cannot be invalidated upon certiorari and supersedeas when it comes up collaterally, by parol or other proof dehors the proceeding.

The circuit judge then erred both in not dismissing the petition and in giving relief upon the proof. If defendant had appealed, or if the certiorari had been for a new trial, and had shown a legal excuse for not appealing, the relief sought could have been had, for then there would have been a new trial, and the want of jurisdiction, could have been taken advantage of, but this certiorari and supersedeas is not for a new trial, but to quash the execution.

Judgment reversed and petition dismissed.  