Page:Borden v. State ex rel. Robinson.pdf/26

544 no judicial inspection behind the judgment save by appellate power. A court, which is so constituted that its judgments can be looked through for the facts and evidence which are necessary to sustain it, whose decision is not evidence of ifself to show jurisdiction and its lawful exercise, is of the latter description, every requisite for either must appear on the face of their proceedings, or they are nullities." It appears then by these definitions that among the powers invested in the courts of the former class is that of deciding upon its own jurisdiction.

The definition of jurisdiction given in Burn's Law Dictionary (page 407) is this, "Jurisdiction is authority or power which a man hath to do justice in causes of complaint brought before him." And he cites Lilly Abr. 120, where that author remarks, "The courts at Westminster have jurisdiction over all England; all the other courts are confined to their particular jurisdiction, which if they exceed, then whatever they do is erroneous." And Ch. J. remarks in Hopkins vs. The Commonwealth, 3 ''Metc. R. 462, "The word 'jurisdiction,' (Jus dicere'') is a term of large and comprehensive import and embraces every kind of judicial action upon the subject matter from finding the indictment to pronouncing the sentence."

So it is said in 12 Peters R. 718. "Any movement by a court is necessarily the exercise of jurisdiction. " And although it is said correctly in 2 Howard U. S. R. 338, "where there are adverse parties the court must have power over the subject matter and the parties, " this is but reiterating the general rule to which we have already seen there are exceptions, but which is of universal efficiency on a direct proceeding in error for reversal.

Such being the powers of these courts and such their jurisdiction and its exercise, we will proceed to illustration with a supposed case. Suppose a declaration regularly filed in one of our circuit courts, process of summons regularly issued thereon and returned in proper time, endorsed as follows: "Executed the within writ on the within named defendant by leaving a true written copy thereof at his residence in Washita county with Sarah Ann his wife who is a member of his family over the age