Williams v. Van Valkenburg
New York Supreme Court
Present, Welles, Smith and Johnson, Justices. Appeal from order denying motion to set aside judgment. The judgment was duly entered on the 3d of December, 1857, upon affidavits showing the service of summons and complaint in the action, on the defendant personally, on the 12th of November, previous; that there had been no appearance on the part of the defendant, and no answer or demurrer received by the plaintiff’s attorney.
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Present, Welles, Smith and Johnson, Justices. Appeal from order denying motion to set aside judgment. The judgment was duly entered on the 3d of December, 1857, upon affidavits showing the service of summons and complaint in the action, on the defendant personally, on the 12th of November, previous; that there had been no appearance on the part of the defendant, and no answer or demurrer received by the plaintiff’s attorney. By the affidavits read npon the motion, it was shown on the part of the defendant, that he had no knowledge of the entry of the judgment, until the 28th of December, when…
1Opinion of the Court
By the court—Johnson, Justice.
It is an elementary principle, that no court can render a valid judgment against any person until it has acquired jurisdiction of his person, either by the service of process upon him, or by his voluntary ap*147pearance without process in some mode prescribed by law. The want of such jurisdiction, when ascertained, avoids the judgment and renders it a nullity. And the rule is the same whether the court rendering the judgment, be one of superior or of inferior jurisdiction. Ko man can be divested of any right, until he has had an opportunity of being heard. (Bloom…
2Cases cited3 opinions
- Denton v. NoyesNew York Supreme Court · 1810
- Meacham v. DudleyNew York Supreme Court · 1831
- AnonymousNew York Supreme Court · 1849
3Cited by10 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Slingluff v. GainerWest Virginia Supreme Court · 1901
- Kieley v. Central Complete Combustion Manufacturing Co.New York Court of Appeals · 1895
- Smith v. KerrNew York Supreme Court · 1888
- McNamara v. Canada Steamship Co.New York Court of Common Pleas · 1882
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