Jackson v. Dyer

Citation3 N.E. 863, 104 Ind. 516
Case DateDecember 15, 1885
CourtSupreme Court of Indiana

104 Ind. 516
3 N.E. 863

Jackson
v.
Dyer, Com'r, etc.1

Supreme Court of Indiana.

Filed December 15, 1885.


Appeal from Howard circuit court.


John W. Kern, B. F. Harness, and Blacklidge & Blacklidge, for appellant.

M. Garregus, for appellee.


ELLIOTT, J.

The appellee's complaint seeks to enforce a drainage assessment levied under the act of April 8, 1881. The sufficiency of this complaint is challenged upon two grounds: First, that there was not such notice as the statute requires, for the reason that there was but 19 days' notice instead of 20, as the statute requires; second, that it fails to show that the appellant or his grantor was a party to the original proceedings.

Of these in their order. First. There was notice, and, although defective, the order based upon it was not void. This doctrine is affirmed

[3 N.E. 864]

in many cases. Quarl v. Abbett, 102 Ind.; S. C. 1 N. E. Rep. 476; Brown v. Goble, 97 Ind. 86, see authorities, page 89; City v. Beach, 96 Ind. 143;McCormick v. Webster, 89 Ind. 107;Million v. Board, etc., 89 Ind. 6,vide page 12; Oppenheim v. Pittsburg, etc., Co., 85 Ind. 471;Stout v. Woods, 79 Ind. 108;McAlpine v. Sweetser, 76 Ind. 78;Hume v. Conduitt, Id. 598; Muncey v. Joest, 74 Ind. 409. The general rule is thus expressed in Morrow v. Weed, 4 Iowa, 77: “If there be a notice or publication, or whatever of this nature the law requires in reference to persons or other matters, its sufficiency cannot be questioned collaterally.” This doctrine was reaffirmed by the same court in Bonsall v. Isett, 14 Iowa, 309, and in Ballinger v. Tarbell, 16 Iowa, 491. The great current of authority runs in favor of this doctrine. Hendrick v. Whittemore, 105 Mass. 23;Cook v. Darling, 18 Pick. 393;Finneran v. Leonard, 7 Allen, 54;Wright v. Marsh, 2 Greene, 94;Paine v. Mooreland, 15 Ohio, 436;Borden v. State, 11 Ark. 519;Sheldon v. Wright, 5 N. Y. 497;Delaney v. Gault, 30 Pa. St. 65; Callen v. Ellison, 13 Ohio St. 446;People v. Hagar, 52 Cal. 171. It has long been the rule in this state that where a court is required to determine whether facts essential to jurisdiction exist, a judgment that they do exist will be conclusive as against a collateral attack. Evansville R. R. v. Evansville, 15 Ind. 395. It was said in that case: “It is a well-settled principle that where the jurisdiction of an inferior court depends upon a fact which such court is required to ascertain and settle by its decision, such decision is conclusive.” The doctrine of that case has been repeatedly asserted, and we cite only a few of the many cases that have adopted and enforced it. Forsythe v. Kreuter, 100 Ind. 27;Young v. Wells, 97 Ind. 410;Smith v. Hess, 91 Ind. 424;Million v. Board, etc., 89 Ind. 16, and authorities cited, page 14; City of Madison v. Smith, 83 Ind. 513;Marshall v. Gill, 77 Ind. 404. This rule is well supported by the decisions of other courts. Grignon's Lessee v. Astor, 2 How. 319;Riley v. Waugh, 8 Cush. 220;Cooper v. Sunderland, 3 Iowa, 114;Henderson v. Brown, 1 Cai. 92;Vail v. Owen, 19 Barb. 22;Youngman v. Elmira & W., etc., R. R., 65 Pa. St. 278; Sheldon v. Wright, supra. These cases proceed on the theory that the court has authority to decide all questions, whether affecting the jurisdiction or other matters, and this is the only logical ground upon which they can be maintained. If it be conceded that the court does not, by its decision, determine the sufficiency of a notice, then it must also be conceded that these cases are wrongly decided, and this would result in the overthrow of a long and unwavering line of decisions. Once it is granted that these decisions are sound, then the conclusion that the court may settle jurisdictional questions is inevitable. Of course this rule cannot apply where there is no jurisdiction of the subject-matter, or where there is no notice or summons, but it does apply in all cases where there is some...

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50 practice notes
  • In re Canganelli, Bankruptcy No. 88-61100
    • United States
    • U.S. Bankruptcy Court — Northern District of Indiana
    • August 3, 1991
    ...service, although defective. National Malleable and Steel Castings Co. v. Goodlet, 195 F.2d 8 (7th Cir.1952), citing, Jackson v. State, 104 Ind. 516, 3 N.E. 863 (1885), cert. den., Carter v. Simpson, 344 U.S. 837, 73 S.Ct. 47, 97 L.Ed. In addition, it is a general rule that fraud in obtaini......
  • Sinclair v. Gunzenhauser, No. 21,728.
    • United States
    • Indiana Supreme Court of Indiana
    • March 27, 1912
    ...courts of general jurisdiction, when the record shows nothing to the contrary (Long v. Ruch, 148 Ind. 74, 47 N. E. 156;Jackson v. State, 104 Ind. 516, 3 N. E. 863;Bateman v. Miller, 118 Ind. 345, 21 N. E. 292;Sims v. Gay, 109 Ind. 501, 9 N. E. 120;Exchange Bank v. Ault, 102 Ind. 322, 1 N. E......
  • North Laramie Land Co. v. Hoffman, 967
    • United States
    • United States State Supreme Court of Wyoming
    • October 18, 1923
    ...Ind. 228, 232; 6 N.E. 611; Robinson v. Rippey, 111 Ind. 112, 119; 12 N.E. 141; Ely v. Board, 112 Ind. 361; 14 N.E. 236; Jackson v. State, 104 Ind. 516; 3 N.E. 863; Hall v. McDonald, 171 Ind. 9; 85 N.E. 707; Harris v. Curtis, 34 Ind.App. 438; 72 N.E. 1102; In Re Ross Estate, 180 Cal. 643, 18......
  • Ex Parte Lucas
    • United States
    • United States State Supreme Court of Missouri
    • February 19, 1901
    ...ignoring the objection, is an adjudication of his right to do so." Id.; Updegraff v. Palmer, 107 Ind. 181, 6 N. E. 353; Jackson v. State, 104 Ind. 516, 3 N. E. 863; Landon v. Comet, 62 Mich. 80, 28 N. W. 788. But the cases mentioned do more than impliedly assert the authority to act, and th......
  • Request a trial to view additional results
50 cases
  • In re Canganelli, Bankruptcy No. 88-61100
    • United States
    • U.S. Bankruptcy Court — Northern District of Indiana
    • August 3, 1991
    ...service, although defective. National Malleable and Steel Castings Co. v. Goodlet, 195 F.2d 8 (7th Cir.1952), citing, Jackson v. State, 104 Ind. 516, 3 N.E. 863 (1885), cert. den., Carter v. Simpson, 344 U.S. 837, 73 S.Ct. 47, 97 L.Ed. In addition, it is a general rule that fraud in obtaini......
  • Sinclair v. Gunzenhauser, No. 21,728.
    • United States
    • Indiana Supreme Court of Indiana
    • March 27, 1912
    ...courts of general jurisdiction, when the record shows nothing to the contrary (Long v. Ruch, 148 Ind. 74, 47 N. E. 156;Jackson v. State, 104 Ind. 516, 3 N. E. 863;Bateman v. Miller, 118 Ind. 345, 21 N. E. 292;Sims v. Gay, 109 Ind. 501, 9 N. E. 120;Exchange Bank v. Ault, 102 Ind. 322, 1 N. E......
  • North Laramie Land Co. v. Hoffman, 967
    • United States
    • United States State Supreme Court of Wyoming
    • October 18, 1923
    ...Ind. 228, 232; 6 N.E. 611; Robinson v. Rippey, 111 Ind. 112, 119; 12 N.E. 141; Ely v. Board, 112 Ind. 361; 14 N.E. 236; Jackson v. State, 104 Ind. 516; 3 N.E. 863; Hall v. McDonald, 171 Ind. 9; 85 N.E. 707; Harris v. Curtis, 34 Ind.App. 438; 72 N.E. 1102; In Re Ross Estate, 180 Cal. 643, 18......
  • Ex Parte Lucas
    • United States
    • United States State Supreme Court of Missouri
    • February 19, 1901
    ...ignoring the objection, is an adjudication of his right to do so." Id.; Updegraff v. Palmer, 107 Ind. 181, 6 N. E. 353; Jackson v. State, 104 Ind. 516, 3 N. E. 863; Landon v. Comet, 62 Mich. 80, 28 N. W. 788. But the cases mentioned do more than impliedly assert the authority to act, and th......
  • Request a trial to view additional results

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