 | Rhode Island. Supreme Court - 1901 - 810 sivua
...set up 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 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... | |
 | United States. Supreme Court - 1912 - 1114 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 and unavailable for any purpose. The cases in the English courts, and in those of our sister States, are very strong to show that judicial... | |
 | David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - 1844 - 622 sivua
...such a judicial proceeding as the constitution accredits, and is not entitled to any respect whatever. "The want of jurisdiction makes it utterly void and unavailable for any purpose," and this "is a matter that may always be set up against a judgment." (Per Thompson, chief justice,... | |
 | Mississippi. Supreme Court - 1843 - 724 sivua
...record, the whole is a nullity. And this want of jurisdiction may always ho set up against a judgment when sought to be enforced, or when any benefit is claimed under it." In the case first noticed, it is said it must be shewn by the record that the court had jurisdiction... | |
 | Mississippi. Supreme Court - 1882 - 790 sivua
...of jurisdiction in a court pronouncing a judgment always gives cause for setting it aside when it is sought to be enforced, or when any benefit is claimed under it. Enos v. Smith, 1 S. & M. 85 ; Tarleton v. Cox, 45 Miss. 430; Lane v. Wheless, 46 Miss. 666; Cotten... | |
 | Ohio. Supreme Court - 1873 - 696 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...it utterly void and unavailable for any purpose." And he states this doctrine to be founded upon "general principles," and " that to bind a defendant... | |
 | Christoph Schärtl - 2005 - 324 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...utterly void, and unavailable for any purpose."); Hall v. Williams, 23 Mass. (6 Pick.) 232 ff, 241 ff. (1828, „the principle settled is [sie], that... | |
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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,... 
