Barnes v. Harris
New York Court of Appeals
Barnes brought an action of debt in the supreme court against Harris, upon a judgment rendered by a justice of the peace.
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Barnes brought an action of debt in the supreme court against Harris, upon a judgment rendered by a justice of the peace. The declaration alledged that on the 17th day of May, 1844, at Norwich, in the county of Chenango, the said' plaintiff, by the consideration and judgment of Harvey Hubbard, Esq., then and yet a justice of the peace of the said town of Norwich, in and for the said county of Chenango, and then and there sitting and acting as such justice, pursuant to the statute, recovered against the said defendant the sum of $100 damages and ninety cents costs, in an action of assumpsit…
1Dissent
Bronson, Ch. J. (dissenting.)
The principles involved in this case are too important to allow them to be disregarded, without saying a word in their defence.
It is an established rule in our law, that no court can give a valid judgment, unless it has jurisdiction of the subject matter in controversy, and has acquired jurisdiction over the person of the defendant, in the mode prescribed by law. When a court acts without jurisdiction, either as to subject or person, its proceedings are not only erroneous, but absolutely void; and may be attacked in a collateral action, as well as by way of…
2Cases cited15 opinions
- Bigelow v. StearnsNew York Supreme Court · 1821
- Gold v. BissellNew York Supreme Court · 1828
- Vosburgh v. WelchNew York Supreme Court · 1814
- Corwin v. MerrittNew York Supreme Court · 1848
- Wheeler v. LampmanNew York Supreme Court · 1817
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