Howison v. Weeden

Citations

• 77 Va. 704
• 1883 Va. LEXIS 107

Syllabus

<p>1. Res judicata-Parties and primes.-The judgment, however erroneous, of a court of record having jurisdiction of the cause and of the parties, is binding and conclusive upon parties and privies in every other court, until it is regularly reversed by some court having jurisdiction for that purpose, and can be questioned in no collateral way.</p> <p>2. Idem-Case at bar.-N. was elected judge of P. W. county for six years, commencing 1st January, 1874. He died 10th March, 1878. W. was elected 13th March, 1878, to fill the judgeship made vacant by N.’s death-H. was elected 21st January, 1880, to that judgeship for six years, commencing xst January, 1880. W. and H. each essayed to exercise the functions of the office. Former arrested W. G. H. for contempt; latter arrested E. E. M. for contempt. Both applied to this court for writs of habeas corpus. The real controversy was between W. and H. for the judgeship. This court decided that W. was elected, and was entitled to hold that judgeship for the full term of six years from the 10th March, 1878. See ex parte Meredith and ex parte Harrison, 33 Gratt. 119. Before the expiration of that term, H. 'filed his petition to this court for a mandamus to compel W. to surrender to him the said judgeship.</p> <p>Held:</p> <p>If not actual parties to the controversy decided by this court in ex parte Meredith and ex parte Harrison,, supra, W. and H. were privies thereto, and however erroneous, that decision not having been reversed, is binding and conclusive on them, and cannot be collaterally assailed. The mandamus must be denied.</p>