Lucy v. Deas

Citations

• 59 Fla. 552

Syllabus

<p>1. A void judgment is a nullity and may be attacked collaterally, but a judgment is not void if tbe court as organized legally existed and had jurisdiction of tbe subject-matter and of the parties.</p> <p>2. Where by fraud practiced in litigation tbe court apparently bad jurisdiction of the cause and of tbe parties, but in reality tbe court bad no jurisdiction of the subject-matter or bad no jurisdiction of tbe adverse party because be was not duly served with notice or otherwise, or did not have a bearing or an opportunity to be beard on account of fraud practiced on him, tbe trial is not one of adversary rights in a proper subject-matter and tbe judgment is null and void in toto.</p> <p>3. Where tbe court is legally organized and has jurisdiction of tbe subject-matter and tbe adversary parties are given an opportunity to be beard by tbe actual or constructive service on them of notice of the litigation as required by law, any errors or irregularities or even wrong doing in tbe proceedings short of an illegal deprivation of an opportunity to be beard will not render the judgment void.</p> <p>4. Property in this State is subject to tbe laws thereof, and judgments rendered by tbe courts in proceedings in rem upon such property are not null and void because tbe owner was out of the State and had no personal notice of the suit where the property is within the jurisdiction of the court and the constructive notice required by law was given.</p> <p>5. The giving of incompetent or false testimony at the hearing, and the injustice of the claim asserted against the property do not render the judgment null and void.</p>