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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,... "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Page 315
by Alabama. Supreme Court, George Noble Stewart - 1832
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The American State Reports: Containing the Cases of General Value ..., Volume 84

Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1044 pages
...set up against a judgment when sought to be enforced, or where anj benefit is claimed under it, as the want of jurisdiction makes it utterly void and unavailable for any purpose." In Hogg v. Link, 90 Ind. 346, it is held to be well settled that a judgment may be enjoined for fraud...
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Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Volume 33

Civil procedure - 1903 - 484 pages
...that, under the system of practice established by the laws of this State, the want of jurisdiction may always be set up against a judgment when sought...enforced, or when any benefit is claimed under it, and the bare Wm. M. Hoes, etc., Resp., v. The NY, NH ft H. RR. Co., Aplt. recital of jurisdictional...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 55

United States. Supreme Court - Law reports, digests, etc - 1905 - 754 pages
...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...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...
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The Constitutional History of New York: From the Beginning of the ..., Volume 4

Charles Zebina Lincoln - Constitutional history - 1906 - 830 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 subjectmatter or of the person of either party, renders...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 58

New York (State). Courts, Francis Blaine Delehanty, Austin B. Griffin, Robert George Scherer, Edward Jordan Dimock, Joseph Albert Lawson, Charles Cook Lester, William Van Rensselaer Erving, Louis J. Rezzemini - Law reports, digests, etc - 1908 - 740 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 unclaimed under it.'" Citing Mills v. Martin, 19 Johns. 33, he also says (p. 229)...
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The New York Supplement, Volume 109

Law reports, digests, etc - 1908 - 1290 pages
...he impeached by pleading is not applicable to a case like this. The want of jurisdiction is a mutter that may always be set up against a Judgment when sought to be enforced or any benefit Is claimed under it." Citing Mills v. Martin, 19 Johns. 7, he also says (page 229 of 9...
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The New York Supplement, Volume 123

Law reports, digests, etc - 1910 - 1320 pages
...person in an action wherein a personal judgment is recovered may be interposed when the judgment is sought to be enforced, or when any benefit is claimed under it. [Ed. Note. — For other cases, see Judgment, Cent Dig. §§ 924, 925; Dec. Dig. § 4S9.*] 6. JUDGMENT...
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The New York Supplement, Volume 123

Law reports, digests, etc - 1910 - 1318 pages
...person in an action wherein a personal judgment is recovered may be Interposed when the judgment Is sought to be enforced, or when any benefit is claimed under It. [Ed. Note. — For other cases, see Judgment, Cent. Dig. |§ 924, 025 ; Dec. Dig. § 489.*] 6. JUDGMENT...
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The Trial of Title to Land in Oklahoma: Being a Treatise on the ..., Volume 1

Wellington Lee Merwine - Land tenure - 1913 - 1096 pages
...want of jurisdiction. The want of it makes a record utterly void and unavailable for any purpose. The want of jurisdiction is a matter that may always be set up against a judgment when it is to be enforced, or when any benefit is claimed under it.23 Sec. 88. Judgments import absolute...
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The Pacific Reporter, Volume 156

Law reports, digests, etc - 1916 - 1228 pages
...v. Askew, 48 Ark. 151, 2 S. W. 707, that court says: "Want of jurisdiction [of the subject-matter] may always be set up against a judgment when sought to be enforced, or where any benefit is claimed under it." Consent cannot confer Jurisdiction of the subject-matter although...
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