Page:Borden v. State ex rel. Robinson.pdf/29

Rh of process upon them. Notice or no notice then cannot affect the question of judicial power, but can only relate to its rightful exercise.

The result of this mode of reasoning then from the premises that superior courts are invested by law with the power to decide upon their own jurisdiction, is simply the same that is announced by the authorities that we have first cited that the judgments of such courts are not void but only voidable by plea on error; and is in exact harmony with that other doctrine that the protection in regard to the judges of these courts is absolute and universal. And then these three concurring doctrines being thus well sustained by reason, authority and obvious public policy, and being in direct conflict with the supposed paramount rule that a judicial sentence without previous notice and an opportunity to defend is an absolute nullity, which at most can only work private mischief, we are of opinion that this, although a most important rule of law, must yield to the rule that judgments of superior courts are not void but only voidable by plea on error.

The consequence is that if a cause of complaint brought before one of these courts be of a subject matter actually within its jurisdiction, so as to give a foundation for its proceedings, although in these there may be errors of the most palpable kind, although in the exercise of its jurisdiction over this subject matter, it may have disregarded, misconstrued or disobeyed the plain provisions of the law, which gave it the power to hear and determine the case before it, nevertheless its judgment is not a nullity which may be entirely disregarded but must stand and be operative until reversed on error or appeal. And this, because, as is said by the supreme court of the United States, in the case of The United States vs. Aredondo et al. 6 Peters 729, "It is a universal principle that when power or jurisdiction is delegated to a public officer or tribunal over a subject matter, and its exercise is confined to his or their discretion, the acts so done are binding and valid as to the subject matter, and individual rights will not be disturbed collaterally for any thing done in the