Hanley v. Donoghue

Robinson, J., delivered the opinion of the Court. It appears from the pleadings in this case, that suit was; brought in Pennsylvania against Charles and John Donoghue on a joint contract; that Charles was regularly summoned, hut no process of any kind was issued against John,, nor did he appear, in person or by attorney, to the suit. Judgment was however subsequently recovered against both defendants, and on this judgment, suit is brought in this State against .Charles. In support of this action, it is contended, that the foreign judgment although void as to ²⁴³ John is valid and binding on Charles, the party who was summoned.

At common law a judgment was regarded as an entire thing, and being an entirety it has been held repeatedly, that it could not be affirmed, as to one or more defendants, and reversed as to others. It must either be affirmed as a whole or reversed as a whole. Cutting vs. Williams, 1 Salk., 24; Parker vs. Harris, 1 Ld. Rayd., 825; Lloyd vs. Pearse, Croke Jac., 425; 2 Saunds.

Rep., 101; 2 Bac. Abr., 228, marg. Thus in an action of trespass against two or more defendants, if one of them died pending the suit, and judgment was rendered against all, it was decided that the entire judgment must be reversed; and for the reason, that being an entirety it could not be affirmed in part and reversed in part. 2 Bac. Abr., Letter E, 228.

But conceding this to be the law where a judgment is affirmed or reversed on appeal or on a writ of error, the argument is that the rule does not apply to a suit brought upon a foreign judgment recovered against two or more defendants, only one of whom was summoned, and which judgment has been permitted to stand unreversed and unchallenged. In such a case, the appellant- contends the judgment is valid and may be enforced against the party summoned in the original action, though void as to the parties against whom no process was issued. Row in determining this question, we must not lose sight of the distinction between void and voidable judgments. A judgment rendered by a Court having jurisdiction over the subject-matter and the person, is unquestionably conclusive and binding on the parties, unless reversed or set aside in some mode or manner prescribed by law.

But it is essential to the validity of a judgment in personam, that the Court should have jurisdiction over the parties, and if rendered without such jurisdiction, it is a mere nullity. Such a judgment is not merely erroneous because ²⁴⁴ of some irregularity in the mode of proceeding, or error on the part of the Court in the application of the law to the particular case, and for which the party aggrieved must seek a remedy by appeal or writ of error, hut being a judgment, rendered without jurisdiction, it is absolutely void, and may he assailed at all times, and in all proceedings by which it is sought to he enforced. If then a judgment could not at common law he affirmed in part and reversed in part, because of its entirety, for the same reason, if a suit is brought in this State on a foreign judgment which is admitted to he void as to some of the defendants, such a judgment must he held to he void as to all. The reason of the law is that the judgment is an entire thing, and cannot he separated into parts.

If execution is issued on such a judgment, it must he issued against all the defendants. The question now before us was fully considered in Hall vs. Williams, 6 Pick., 232 , where a suit