Palmer v. Board of Chosen Freeholders
Supreme Court of New Jersey
On rule to show cause why a writ of mandamus should not issue. The facts established by the proofs taken under this rule are: That the relator, on November 19th, 1907, instituted an action in the Essex County Circuit Court against the board of chosen freeholders of the county of Essex, by the issue of a summons on that day returnable December 6th, 1907. Declaration was attached to and served with the summons November 30th, 1907. On December 10th, 1907, judgment by default…
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On rule to show cause why a writ of mandamus should not issue. The facts established by the proofs taken under this rule are: That the relator, on November 19th, 1907, instituted an action in the Essex County Circuit Court against the board of chosen freeholders of the county of Essex, by the issue of a summons on that day returnable December 6th, 1907. Declaration was attached to and served with the summons November 30th, 1907. On December 10th, 1907, judgment by default for want of a plea was duly entered and execution has been issued thereon and returned unsatisfied by the sheriff. A…
1Opinion of the Court
The opinion of the court was delivered by
Voorhees, J.
The issuance of the writ asked for is resisted upon several grounds, each of which is an attack upon the judgment. It is well settled that where a court of general jurisdiction has jurisdiction of the subject-matter and has acquired jurisdiction over the person of the defendant, its judgment is invincible against collateral attack. It is only where there is lack of jurisdiction in one or both of the above particulars that the judgment is void and may be so treated in a collateral proceeding. Westcott v. Danzenbaker, 1 Halst. 132; Van Dyke…
2Cases cited5 opinions
- Apel v. KelseySupreme Court of Arkansas · 1889
- Fischer v. HolmesIndiana Supreme Court · 1890
- Hoey v. Aspell & Co.Supreme Court of New Jersey · 1898
- Podesta v. BinnsNew Jersey Court of Chancery · 1905
- Titus v. WilmarthSupreme Court of Pennsylvania · 1858
3Cited by7 opinions
- Chabrán Hernández v. Méndez RíosSupreme Court of Puerto Rico · 1953
- Borough of Fort Lee, N. J. v. United States ex rel. BarkerCourt of Appeals for the Third Circuit · 1939
- Chaulón v. ChabránSupreme Court of Puerto Rico · 1956
- Chabrán Hernández v. Méndez RíosSupreme Court of Puerto Rico · 1953
- Chaulón v. ChabránSupreme Court of Puerto Rico · 1956
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