Gilman v. Thompson
Supreme Court of Vermont
This was an action of ejectment for eight and one half acres of land in Derby. Plea, general issue, and trial by jury. Upon the trial in the county court, the plaintiff claimed-title to the land by virtue of an attachment on mesne process anti a levy of an execution in his favor against Moses Norris, Mesheck Norris, and David Norris, and, for the purpose of showing the source from which the defendant claimed title, gave in evidence a copy of a deed from said Moses Norris to…
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This was an action of ejectment for eight and one half acres of land in Derby. Plea, general issue, and trial by jury. Upon the trial in the county court, the plaintiff claimed-title to the land by virtue of an attachment on mesne process anti a levy of an execution in his favor against Moses Norris, Mesheck Norris, and David Norris, and, for the purpose of showing the source from which the defendant claimed title, gave in evidence a copy of a deed from said Moses Norris to the defendant, dated 13th of March, 1830, conveying the land in question, which was admitted without objection.— The…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The first question is, was the judgment, which the plaintiff recovered against Norris, void, when rendered ?. To render the proceedings of a court void, (not erroneous, or voidable,) the court must be without jurisdiction, either of the subject matter or the parties; and, in such case, the court, the officer issuing execution and the sheriff who serves it, are all trespassers, and no subsequent proceedings can cure the evil. Even the appearance of the *648parties and submitting to the court will not confer jurisdiction. That the court had…
2Cited by14 opinions
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- Perkins v. United States Fidelity & Guaranty Co.Texas Commission of Appeals · 1927
- Hammond & Draper v. Wilder & LockeSupreme Court of Vermont · 1853
- Spaulding v. SwiftSupreme Court of Vermont · 1846
- Administrator of Barnard v. RussellSupreme Court of Vermont · 1847
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