Cook v. Edson Keith & Co.
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. IÍOSEA ToAVNSENI), Judge. Suit by S. B. Cook and others against Edson Keith & Co. Judgment for defendants. Plaintiffs appeal.
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Appeal from the United States Court for the Southern District. IÍOSEA ToAVNSENI), Judge. Suit by S. B. Cook and others against Edson Keith & Co. Judgment for defendants. Plaintiffs appeal. On the 20th da}r of October, 1893, the appellees, Edson Keith & Co., recovered a judgment in the United States Court at Ardmore, Inch Ter., against D. F. Cook, Walter Cook, Herbert Cook, and the appellant S. B. Cook for the sum of $369.58, with interest at 6 per cent, per annum and cost of suit. On the 1st day of January, 1903, appellees caused to be issued on said judgment an execution, and the same was…
1Opinion of the CourtGill, J.
The contention of the appellant in this case is that the judgment in which the appeal is taken, being against a minor not legally represented, is ábsolutely void, and that he need not, to protect himself, resort to an appeal, or an action to nullify the judgment; and he cites several cases to sustain this position. The principal question to be decided in this case is whether the original judgment Complained of in this case is void or voidable. If it is a void judgment, as Mr. Freeman well says, “it is, in legal effect, no judgment. By it no rights divest; from it no rights can be obtained.…
2Cases cited4 opinions
- Johnson v. CampbellSupreme Court of Arkansas · 1889
- Benjamin v. BirminghamSupreme Court of Arkansas · 1887
- State ex rel. Luck v. AtkinsSupreme Court of Arkansas · 1890
- Morris v. EdmondsSupreme Court of Arkansas · 1884