 | Alabama. Supreme Court, George Noble Stewart - 1832 - 558 strani
...matter; and that the want of jurisdiction is a matter that may always be set up against a judgment when sought to be enforced, or when any benefit is claimed under it; that the want of jurisdiction makes it utterly void and unavailable for any purpose; and that the party... | |
 | Esek Cowen, New York (State). Supreme Court - 1836 - 828 strani
...jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or where any benefit is claimed under it. The want of jurisdiction...it utterly void, and unavailable for any purpose. In Andrews v. Montgomery, (19 John. 162) Ch. J. Spencer in delivering the opinion of the Court, says,... | |
 | Arkansas. Supreme Court - 1876 - 738 strani
...jurisdiction, the proceeding is void, and this want of jurisdiction may always be set up against a judgment when sought to be enforced, or when any benefit is claimed under it" Waggener et al. vs. Lyles et al. It is objected in defense, that as Waggener is still in possession... | |
 | Georgia. Supreme Court - 1859 - 796 strani
...want of jurisdiction in the Court pronouncing it," (any judgment,) "may always be set up when it is sought to be enforced, or when any benefit is claimed under it; and the principle which ordinarily forbids the impeachment or contradiction of a record, has no sort... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1849 - 706 strani
...applicable to all courts, from the highest to the lowest, and it may always be set up against a judgment when sought to be enforced, or when any benefit is...makes it utterly void and unavailable for any purpose. (Mills v. Martin, 19 John. Rep. 1. Burdm v. Fitch, 15 Id. 141. Latham v. Edgerton, 9 Cowen, 227. 4... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1852 - 560 strani
...tubjtet matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The waat of jurisdiction makes it utterly void and unavailable for any purpose." Mills v. Martin, 19 John.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1860 - 600 strani
...want of jurisdiction in the court pronouncing a judgment or decree may always be set up when it is sought to be enforced, or when any benefit is claimed under it; and the principle which ordinarily forbids the impeachment or contradiction of a record has no sort... | |
 | United States. Supreme Court - 1853 - 672 strani
...jwisdiction is a matter that may always be set up against a judgment when sought to be enforced, or where any benefit is 'claimed under it. The want of jurisdiction...makes it utterly void and unavailable for any purpose. The cases in the English courts, and in those of our sister States, are very strong to show that judicial... | |
 | United States. Congress. Senate - 1858 - 868 strani
...an open question. The want of jurisdiction may always be set up against a judgment, whenever it is sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction renders it utterly void and unavailable for any purpose. " They constitute no justification ; and all... | |
| |
To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and of the subject matter; and the want of jurisdiction is a matter that may always be set up against a judgment, when sought to be enforced,... 
