| New York (State). Court of Appeals, Nathan Howard (Jr.) - 1855 - 884 páginas
...justice in this case, it would be sustained, for the docket of the justice would show as evidence that he had jurisdiction of the person of the defendant, and of the subject matter of the suit, to wit : a trespass for an injury to real or personal property. (Benn v. Borst, 5 Wend. 592.) It never... | |
| Alexander Ralston Tiffany - 1859 - 656 páginas
...averment would be the same as under the former law, that is, to prove the judgment, and that the justice had jurisdiction of the person of the defendant, and of the subject matter, as also the issuing of a valid execution. But if the constable had collected the money, it would not... | |
| Oliver Lorenzo Barbour - 1860 - 712 páginas
...for carrying the deceased was made and entered into at the city of New York. The court has therefore jurisdiction of the person of the defendant and of the subject matter of the action. The administratrix "must be at liberty to allege the same cause of action that the party injured... | |
| Nathan Howard (Jr.) - 1863 - 626 páginas
...before them." That was the bond given in the present case. The two justices thus associated had then jurisdiction of the person of the defendant, and of the subject matter of the examination. No other magistrates or tribunal had such jurisdiction; nor could it be obtained without... | |
| New Jersey. Court of Chancery, Charles Ewing Green - 1867 - 614 páginas
...conclusive ness of the judgment as to the amount due. If the court, where the judgment is recovered, have jurisdiction of the person of the defendant, and of the subject matter of the suit, its conclusiveness cannot be questioned in the forum of another state where it is sought to be enforced.... | |
| California - 1872 - 892 páginas
...JUDGMENT OF DISTRICT COURT ONLY VOID WHEN IN EXCESS OF JURISDICTION. — When the District Court has jurisdiction of the person of the defendant and of the subject matter of the action, its judgment, no matter how erroneous, is not void. A judgment of a Justice's Court which was... | |
| William A. Shinn - 1874 - 662 páginas
...mortgagee. I am satisfied that the state had the right to sue; that the chancery court of Sumter county had jurisdiction of the person of the defendant, and of the subject matter of the suit, and thai this jurisdiction is not ousted by the fact that th i defendant claims that the state cannot now... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 páginas
...of the statute. We will first consider the question raised as to the jurisdiction of the court. If the court had jurisdiction of the person of the defendant and of the subject matter out of which the alleged contempt arose, then the door for release by means of a writ of habeas corpus... | |
| Illinois. Appellate Court, James Bolesworth Bradwell - 1878 - 704 páginas
...void. As a rule of general, if not uniform, application, a judgment is void for all purposes, nnlesn the court had jurisdiction of the person of the defendant,...notice to appear, as by publication, or by an entry of appearance by himself in person, or by attorney. In the last case the authority of the attorney to... | |
| Georgia. Supreme Court - 1879 - 762 páginas
...in which the judgment was rendered against him, as required by law. The city court of Augusta having jurisdiction of the person of the defendant and of the subject matter of the suit in which the judgment was rendered, and there being a legal cause of action set forth in the plaintiff's... | |
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