Hall v. Lanning

ERROR to the Circuit Court of the United States for the Northern District of Illinois.

This was an action of debt brought on a judgment rendered in New York against the plaintiffs in error. One of them, Lybrand, pleaded separately nul tiel record, and several special pleas questioning the validity of the judgment as against him for want of jurisdiction over his person. On the trial, the plaintiff simply gave in evidence the record of the judgment recovered in New York, which showed that an attorney had appeared and put in an answer for both defendants, who were sued as partners. The answer admitted the partnership, but set up various matters of defence. The cause was referred, and judgment given for the plaintiffs. This was the substance of the New York record. The plaintiffs gave no further evidence.

Lybrand then offered to prove that he never was a resident or citizen of the State of New York; and that he had not been within said State of New York at any time since, nor for a long time before, the commencement of the suit in which the judgement was rendered, upon which the plaintiff in this case brought suit; and that he never had any summons, process, notice, citation, or notice of any kind, either actual or constructive, ever given or served upon him; and that he never authorized any attorney or any other person to appear for him; and that no one ever had any authority to appear for him in said suit in the State of New York, or to enter his appearance therein, nor did he ever authorize any one to employ an attorney to appear for him in the action in which said judgment was entered; and that he never entered his appearance therein in ¢person; and that he knew nothing of the pendency of said suit in the said State of New York until the commencement of the present suit in this court; that he was a partner in business with his co-defendant Hall at the time the transaction occurred upon which the plaintiffs brought suit in New York, though said partnership had been dissolved, and due notice thereof published, some six months prior to the commencement of said suit in New York.

This evidence, being objected to, was overruled by the court, which instructed the jury as follows: 'That the record introduced in evidence by the plaintiffs was conclusive evidence for the plaintiffs to maintain the issues submitted to the jury by the pleadings; and that they should return a verdict for the plaintiffs, and against both defendatns.'

A bill of exceptions was taken to this ruling, and the matter brought here on writ of error.

Mr. Samuel W. Packard for the plaintiffs in error.

The controlling question in this case is, whether the court erred in refusing to allow the introduction of evidence to show that the judgment obtained in New York was void, as to Lybrand, for want of jurisdiction of the person. The general rule of law in that State is, that 'want of jurisdiction may always be interposed against a judgment when sought to be enforced, or when any benefit is claimed from it: the want of jurisdiction, either of the subject-matter or of the person of either party, renders the judgment a mere nullity.' Kerr v. Kerr, 41 N. Y. 275, per James, J.; Shumway v. Stillman, 6 Wend. 447; Borden v. Fitch, 15 Johns. 121; Dobson v. Pearce, 12 N. Y. 164, per Allen, J.; Kinnier v. Kinnier, 45 id. 542, per Church, C. J.

For the purpose of showing that the court did not have jurisdiction, the recitals in the judgment record may be contradicted. Adams v. Saratoga & Vermont R. W. Co., 10 N. Y. (6 Selden) 332, 333, per Gridley, j.,; Harrington v. People, 6 Barb. 607, 610, per Paige, J., and other cases in New York there cited; Latham v. Edgerton, 9 Cow. 228, and cases there cited.

But there is this exception to the general rule above stated in New York. Where an attorney has appeared without authority for a party, he cannot be allowed to dispute the authority of the attorney when the judgment is brought in question, except by a direct proceeding in the court where the judgment remains; and he cannot always do that if the attorney is responsible, as a suit against the attorney is, under some circumstances, held an adequate remedy.

The reasons of the exception are, because the title to real estate depends to a great extent upon the records of the courts; and the injured party has an ample remedy against the attorney, if responsible, or he can apply to the court in which judgment was rendered for relief. Brown v. Nichols, 42 N. Y. 26, per Ingall, J., 32, and per Earle, J., 30; Denton v. Noyes, 6 Johns. 296.