Hall Et Al. v. Lanning Et Al‪.‬

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.