Cromer v. Boinest

The opinion of the court was delivered by

Mr. Justice McIver.

The question of jurisdiction raised by this appeal is one of the gravest importance, and must necessarily be first determined before any of the other questions presented can be properly considered. For if Judge Fraser, when he rendered the decree appealed from, was neither a judge de jure nor defacto, then it is quite clear that the paper styled a decree is an absolute nullity, and cannot present any question proper to be considered by this tribunal; and if it is an absolute nullity, then all the so-called decrees and judgments…