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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,... "
Practice Reports in the Supreme Court and Court of Appeals - Sivu 20
tekijä(t) Nathan Howard (Jr.) - 1859
Koko teos - Tietoja tästä kirjasta

Civil Procedure Reports: Containing Cases Under the Code of ..., Niteet 1–10

1887 - 656 sivua
...be set up against it, when it is sought to be enforced, or when any benefit is claimed under it. And the want of jurisdiction makes it utterly void and unavailable for any purpose." A careful reading of this case will show without a doubt, that these alleged judgments rendered by...

Arkansas Reports: Cases Determined in the Supreme Court of the ..., Nide 87

Arkansas. Supreme Court - 1909 - 698 sivua
...party for the purpose of vacating it. 8 Cal. 562 ; 39 Ark. 347. Want of jurisdiction may be pleaded when sought to be enforced or when any benefit is claimed under it. 48 Ark. , J., (after stating the facts). The filing of the affidavit and bond for appeal by the appellees...

A Treatise on the Admissibility of Parol Evidence in Respect to Written ...

Irving Browne - 1893 - 608 sivua
...sentence or decree. A want of jurisdiction in the court pronouncing it 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...

Reports of Cases Heard and Determined in the Supreme Court of the ..., Nide 72

Marcus Tullius Hun - 1892 - 754 sivua
...but it is also true that the want of jurisdiction may always be set up against a domestic judgment sought to be enforced, or when any benefit is claimed under it, and the bare recital of jurisdictional facts in the record is not conclusive, but may be disproved...

Reports of Cases in the Supreme Court of Appeals of Virginia, Nide 46

Virginia. Supreme Court of Appeals - 1898 - 768 sivua
...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 makes it utterly void for any purpose." In The People v. Cassels, 5 Hill's R. 164, the Court 1848. -;ay: "Xo Court or officer...

The American State Reports: Containing the Cases of General Value ..., Nide 84

Abraham Clark Freeman - 1902 - 1044 sivua
...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...

Civil Procedure Reports: Containing Cases Under the Code of Civil ..., Nide 33

1903 - 484 sivua
...established by the laws of this State, the want of jurisdiction may always be set up against a judgment when sought to be 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...

The New York Supplement, Nide 123

1910 - 1318 sivua
...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...

The New York Supplement, Nide 123

1910 - 1320 sivua
...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...

The New York Supplement, Nide 227

1928 - 1054 sivua
...subject-matter, and that the want of jurisdiction over either may always be set up against a judgment when sought to be enforced or when an'y benefit is claimed under it. In this case it is not pretended that there is any other tribunal before which the plaintiff should...




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