Page:Federal Reporter, 1st Series, Volume 9.djvu/251

 236 FEDERAL REPORTER. �and such mnst be the resuit unless the law, as it has been recognized and enforced in the supreme court of the United States for more than half a century, ia to be abrogated. The court certainly was author- ized to adjudge and decree whether, upon the petition and proofs, Perkins -was or was not an inhabitant of Multnomah county at or immediately preceding his death. It was required by the statute to determine that question. No court in the state could act at all in such a case without making this inquiry. No court could know how the actual fact was by intuition, or take judicial notice of it. There must be proper allegations and proof, which the court must con- sider; and the inquiry must, in the nature of things, rest on ante- cedent authority. That authority is jurisdiction, and the inquiry judicial action within the jurisdiction. The correct determination of the fact depends upon the truthfulness of the evidence and correct deductions from it ; and in both particulars there is liability to error. It seldom happens that disputed f acts can be determined with abso- lute certainty. The evidence upon different trials of the same issues of fact may be entirely different, and not only justify but absolutely require different determinations and different adjudications. Differ- ent minds may make different deductions from the same evidence, where there is room for doubt. But the peace and interests of Society require that there should be an end to litigation. Hence the rule, as important to the well-being of society as any known to the law, that a question of fact once determined and adjudged by a court having authority to make the inquiry and adjudication, is conclusively determined unless the judgment is set aside on appeal to some higher court, or upon some direct proceeding within the recognized rules of law to annul it. In this case, in my judgment, the county court of Multnomah county had jurisdiction upon the petition filed and evi- dence, to inquire into, determine, and adjudge the fact of inhabitancy of Perkins at or immediately before his death ; and having made the inquiry, and determined and adjudged the fact, the judgment is "con- clusive on all the world," and "puts an end to the inquiry concerning the fact by deciding it." The petition for the appointment of an administrator, and the proceedings thereon, are in the nature of pro- ceedings in rem. "AU the world was a party" to the proceedings, and consequently all the world is estopped by the adjudication thereon. Grignon's Lessees, 2 How. 338. �The broad principle urged by libellant's counsel, that the question of Perkins' inhabitancy is strictly jurisdictional, and that all jurisdic' tional facts, notwithstanding they have been heard and determined ��� �