 | Alabama. Supreme Court, George Noble Stewart - 1832 - 558 pages
...havejurisdietion over the person and of the subject matter; and a 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 want of jurisdiction makes it utterly void and unavailable... | |
 | Esek Cowen, New York (State). Supreme Court - 1836 - 828 pages
...person. In Borden v. Fitch, (15 John. 141) the Court say, "to give any binding efiect 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... | |
 | Arkansas. Supreme Court - 1876 - 738 pages
...purchaser. If a court act without 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... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1849 - 706 pages
...cannot be upheld. This principle is 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 claimed under it. The want of jurisdiction makes it utterly void and unavailable... | |
 | Georgia. Supreme Court - 1849 - 680 pages
...question under consideration with great ability. He says, " to give any binding effect to a judgment, it is essential that the Court should have jurisdiction of the person, nnd the subject-matter — the want of jurisdiction makes it utterly void and unavailing for any purpose."... | |
 | 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 pages
...case of Borden v. Fitch, 15 John. Rap. 141, the court say: ' To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person, and ot' the tubjtet matter; and the want of jurisdiction is a matter that may always be set up against... | |
 | Joel Prentiss Bishop - 1852 - 782 pages
...general proposition, that, in the language of Thompson, CJ, "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." * But the judicatories of a country in which any individual is domiciled... | |
 | United States. Supreme Court - 1853 - 672 pages
...(15 Johnson's Rep. 141,) Thompson, Chief Justice, says : " To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person and the subject-matter ; and the want of jwisdiction is a matter that may always be set up against... | |
 | Nathan Howard (Jr.) - 1859 - 618 pages
...to me to be contrary to the first principles of justice. To give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person and the subject matter, and the want of jurisdiction is a matter that may always be set up against... | |
| |
Standard authorities lay down the rule that, in order to give any binding effect to a judgment, it is essential that the court should have jurisdiction of the person and the subject-matter; and it is equally clear that the want of jurisdiction is a matter... 
