Legal Opinion · Dissent

Barnes v. . Harris

New York Court of Appeals

Decided December 5, 1850Published

1Dissent

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 review. The rule extends alike to…

2Cases cited3 opinions

  1. Ford v. BabcockCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Whitney v. ShufeltCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Burckle v. EckartNew York Supreme Court · 1846

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