Legal Opinion

Eisenhardt v. Papa

Court of Special Appeals of Maryland

Decided July 15, 1980No. 1525, September Term, 1979PublishedCited by 3 opinions

1Opinion of the CourtWilner, J.

We are asked here to resolve a conflict among two principals and four principles. The principles, each clear and well set out in the law, concern the finality, "reviewability,” and revision of judgments. They are:

FIRST: A judgment entered by a court that had no "jurisdiction” to enter it is absolutely void. Such a judgment, said the Court in Fooks’ Executors v. Ghingher, 172 Md. 612, 619 (1937), "may be attacked anywhere, at any time, by any person affected by it. .. ,” it being but "a dead limb upon the judicial tree.”

SECOND: After a judgment has become enrolled, a trial court is without…

2Cases cited30 opinions

  1. Cooper v. ReynoldsSupreme Court of the United States · 1870
  2. Samuel J. Jordon v. John J. GilliganCourt of Appeals for the Sixth Circuit · 1974
  3. Pulley v. StateCourt of Appeals of Maryland · 1980
  4. First Federated Commodity Trust Corp. v. Commissioner of SecuritiesCourt of Appeals of Maryland · 1974
  5. Block v. StateCourt of Appeals of Maryland · 1979

25 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Larimore v. American InsuranceCourt of Appeals of Maryland · 1989
  2. McNeil v. StateCourt of Special Appeals of Maryland · 1996
  3. State v. BundyCourt of Special Appeals of Maryland · 1982

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