 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...Griswold c. Stewart,* 4 Cow., 457. 18. Nor is the rule applicable to a case of want of jurisdiction. The want of jurisdiction is a matter that may always be...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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 628 pages
...Packard, 7 Peters, 276; S. C. 6 Peters, 41. In Latham v. Edgerton, 9 Cowen, 227, it is said, that the want of jurisdiction is a matter that may always be...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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 1222 pages
...Packard, 7 Peters, 276; 5. C. 6 Peters, 41. In Latham v. Edgrrton, 9 Cowen, 227, it is said, that the want of jurisdiction is a matter that may always be...against a judgment, when sought to be enforced, or where any benefit is claimed under it. The want of jurisdiction makes it •tterly void and unavailable... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1870 - 704 pages
...and of the persons of the parties. "Want of jurisdiction is a matter which may always be interposed against a judgment when sought to be enforced, or when any benefit is claimed for it ; the want of jurisdiction, either of the subject-matter, or of the person of either party,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1876 - 802 pages
...court should have jurisdiction of the person and the subject-matter ; and it is equally clear that the want of jurisdiction is a matter that may always be...against a judgment when sought to be enforced, or where any benefit is claimed under it, as the want of jurisdiction makes it utterly void and unavailable... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 886 pages
...principle that a record cannot be impeached by pleading is not applicable to a case like this. The want of jurisdiction is a matter that may always be...up against a judgment when sought to be enforced or where any benefit is claimed under it." Citing Mills v. Martin, 19 Johns. 33. He also says (page 229):... | |
 | William Wait - Actions and defenses - 1879 - 1002 pages
...jurisdiction of the person as well as the subject-matter, and that the want of jurisdiction over either may always be set up against a judgment when sought to be enforced, or any benefit is claimed under it. But many of the cases hold that, in the case of a domestic judgment... | |
 | Michigan. Supreme Court - Law reports, digests, etc - 1880 - 696 pages
...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...it utterly void and unavailable for any purpose." Mills v. Martin, 19 Johns. 33; Willes, 199; 2 Har. & Johns. 130. The ac£ prescribes the causes in... | |
 | Francis Wharton - Conflict of laws - 1881 - 878 pages
...judgment, it is essential that the court should have jurisdiction of the subject 328 matter, and the want of jurisdiction is a matter that may always be...utterly void and unavailable for any purpose." In 1851, in a case before the Supreme Court sitting at Schenectady (Vischer t: Vischer, 12 Harbour, 640),... | |
 | Law reports, digests, etc - 1886 - 1338 pages
...rendering the judgment never acquired jurisdiction over the person of the defendant? We think that the want of jurisdiction is a matter that may always be...against a judgment when sought to be enforced, or where any benefit is claimed under it, and the want of jurisdiction may be shown in cases where the... | |
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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,... 
