 | New York (State). Legislature. Senate - 1832 - 520 Seiten
...but simply void, and form no bar to a remedy sought in opposition to them, even prior to a reversal ; they constitute no justification, and all persons concerned in executing such judgments, or sentence, are considered in law as trespassers." Here your petitioner demurs, and as in duty bound... | |
 | Jacob D. Wheeler - 1835 - 618 Seiten
...recovery sought, even prior to reversal in opposition to them. Thc'y constitute no justification ; and nil persons concerned in executing such judgments or sentences, are considered in law, as trespassers. 4. RAPELJE v. EMERY, Sept. T. 1795, 2 Ball. Penn. Rep. 231. Held by the court, AVKem, CJ and S/ii,:>pen,... | |
 | 1845 - 490 Seiten
...its judgments and orders are regarded as nullities. They are not voidable, but simply void ; and form no bar to a recovery sought, even prior to a reversal,...sentences, are considered in law as trespassers.' 1 Peters' R. 340, Elliot r. Piersol. " ' The general and well settled rule of law in such cases is,... | |
 | Samuel Owen - 1845 - 434 Seiten
...its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal,...sentences, are considered in law as trespassers." 1 Peters' R. 340, Elliot v. PiersoL "The general and well settled rule of law in such cases is, that... | |
 | United States. Supreme Court - 1845 - 852 Seiten
...its judgments and orders are regarded as nullities. They are not voidable but simply void, and form no bar to a recovery sought, even prior to a reversal,...such judgments or sentences are considered, in law, trespassers. This distinction runs through all the cases on the subject ; and it proves, that the jurisdiction... | |
 | Arkansas. Supreme Court - 1858 - 764 Seiten
...Justice WAYNE, in delivering the opinion of the Court, said: "It is a well settled rule in jurisprudence, that the jurisdiction of any Court, exercising authority over a subject may be enquired into in every other Court, when the proceedings in the former are relied upon, and brought... | |
 | United States. Supreme Court - 1850 - 684 Seiten
...authority, its judgments and orders are nullities ; they are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal,...persons concerned in executing such judgments, or sentences^are considered in law as trespassers." This distinction runs through all the cases on the... | |
 | United States. Supreme Court - 1851 - 714 Seiten
...whatever. " They are not voidable, but simply void, and form no bar to a recovery sought. even prior to u reversal in oppo.sition to them. They constitute no...such judgments or sentences are considered in law trespassers. This distinction runs through all the cases on the subject, and it proves that the jurisdiction... | |
 | Nathan Howard (Jr.) - 1852 - 496 Seiten
...its judgment and proceedings were void, and formed no bar to a remedy brought in opposition to them. That the jurisdiction of any court exercising authority over a subject may be enquired into in every other court where the proceedings of the former arc relied on, and brought before... | |
 | Rollin Carlos Hurd - 1858 - 714 Seiten
...authority, its judgments and orders are nullities ; they are not voidable, but simply void, and form no bar to a recovery sought even prior to a reversal,...sentences, are considered in law as trespassers." The same principle was announced and applied in Wilcox v. Jackson, 13 Peters, 499 ; Shrivers Lessee... | |
| |
But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void ; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification ; and... 
