Hickey v. Conley
Superior Court of Pennsylvania
Appeal, No. 123, Oct. T., 1902, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1901, No. 5, on verdict for plaintiff in case of John J. Hickey v. Thomas W. Conley, Trespass for an alleged unlawful eviction. Before Weand, J. At the trial it appeared that in May, 1901, plaintiff was evicted from premises belonging to defendant by a constable acting under a warrant issued by a justice of the peace.
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Appeal, No. 123, Oct. T., 1902, by defendant, from judgment of C. P. Montgomery Co., Oct. T., 1901, No. 5, on verdict for plaintiff in case of John J. Hickey v. Thomas W. Conley, Trespass for an alleged unlawful eviction. Before Weand, J. At the trial it appeared that in May, 1901, plaintiff was evicted from premises belonging to defendant by a constable acting under a warrant issued by a justice of the peace. The transcript of the record of the justice of the peace upon which the defendant relied was as follows: Now, May 9, 1901, Thomas W, Conley appears and under oath makes complaint that…
1Opinion of the Court
Opinion by
Smith, J.,
To make the judgment of any tribunal valid, the court must have jurisdiction of the subject-matter and of the parties, the proceedings must be regular, and the proper judgment must in due form be entered. Hence the cases in which the validity of a judgment may be questioned are of three classes : (1) Where the court is without jurisdiction of the subject-matter or of the parties. In such case, there is but the simulacrum of a judgment, utterly void and without effect in law. It is open to attack directly or collaterally, and no proceeding based on it can be sustained: Camp…
2Cases cited12 opinions
- Graver v. FehrSupreme Court of Pennsylvania · 1879
- Wall v. WallSupreme Court of Pennsylvania · 1889
- Davis v. DavisSupreme Court of Pennsylvania · 1887
- Camp v. WoodSupreme Court of Pennsylvania · 1840
- Givens v. MillerSupreme Court of Pennsylvania · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mikulski v. ZiolkowskiSuperior Court of Pennsylvania · 1919
- Ballou v. MehringSuperior Court of Pennsylvania · 1905
- Roming v. ShiversSuperior Court of Pennsylvania · 1944
- Flyte v. StoverSuperior Court of Pennsylvania · 1919
- Davies v. LewisSuperior Court of Pennsylvania · 1927
6 more not listed; retrieve them via the Exa API.