John Sheppard and Others, Plaintiffs In Error v. John Wilson
Decision Date | 01 January 1848 |
Parties | JOHN C. SHEPPARD AND OTHERS, PLAINTIFFS IN ERROR, v. JOHN WILSON |
Court | U.S. Supreme Court |
Suppose the plaintiffs in error had acquiesced in this judgment, and had not taken any steps to have it reversed, could not the plaintiff below have enforced his judgment? Was it not a final judgment in the cause, conclusive on its face, upon the parties to it, upon the subject-matter embraced in the suit? Suppose the plaintiff below had issued his execution, levied it upon property, and sold the same in satisfaction of the judgment, while the judgment remained unreversed, and without any supersedeas to restrain its operations, could an action have been maintained against the officer for levying upon, taking, and selling the defendants' property in satisfaction of the judgment debt? We say it could not; and the defendant in error thought so, too, for he did issue his execution upon this judgment, which appears by the records, and the officer made his full return thereof before the writ of error to reverse the judgment was sued out. In 6 Peters, 8, the Supreme Court decide,—'If execution issue upon an erroneous judgment, the party who acts under it is justified until it is reversed, for it is the act of the court.' So in 9 Peters, 8, the court say,—'A judgment of a court of competent jurisdiction,' (which means, I suppose, a court having a legal jurisdiction of the subject-matter of the suit,) 'while unreversed, concludes the subject-matter of it between the parties to it.' In 3 Cranch, 300, the court decide, that 'a judgment of a court of competent jurisdiction, although obtained by fraud, has never been considered void, and all acts done under such judgments are valid as respects third persons.' Such judgments, then, by these authorities, would protect the sheriff acting under the authority of an execution to enforce them. Such is the case of the first judgment rendered in this cause, as the record will show. Again, in 3 Dallas, 401, the court say, that 'although a judgment of an inferior court be defective, yet, if in its nature it is final, and one on which an execution can issue, the party is entitled to his writ of error.' This judgment of the 12th of ...
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