Doty v. Sumner Bros.

• Decision Date: 09 February 1882
• Citation: 12 Neb. 378,11 N.W. 464
• Parties: DOTY v. SUMNER BROS.
• Court: Nebraska Supreme Court

12 Neb. 378

11 N.W. 464

DOTY

v.SUMNER BROS.

Supreme Court of Nebraska.

Filed February 9, 1882.

Error to the district court for Butler county.

E. R. Dean, for plaintiff.

Matt Miller, for defendant.

LAKE, C. J.

The claim of the plaintiff in error that the judgment in question is void cannot be sustained. The cases which he has cited do not support him in this position. That of Demining v. Weston, 15 Wis. 236, is only to the effect that, without a finding to warrant it, a judgment is erroneous and will be reversed when subjected to review by a proper proceeding. And the case of Sprick v. Washington County, 6 Neb. 253, really goes no further than this, although the language used is rather general. As to parties before the court, and respecting a matter within its jurisdiction, a judgment is not under any circumstances to be considered as a mere nullity, but as importing absolute verity and of binding efficacy, until reversed by a competent appellant tribunal. 2 Freem. Judg. § 116. Jurisdiction being obtained over the person, and over the subject-matter, no error in its exercise can make the judgment void. Id. § 135, and cases cited. Although for want of a finding the judgment may be erroneous, and might have been avoided by a suitable proproceeding instituted for that purpose, it is not void, and the ruling of the district court must therefore be affirmed.