Powles v. Jordan

Bryan, J., after stating the case, delivered the opinion, of the Court. ⁵⁰³ The appellee took an exception to the admission in evidence of the transcript from the Circuit Court of Baltimore City. The objection urged against its competency is that the proceeding was instituted by a married woman suing in her own name, and not by next friend. It was undoubtedly an error to disregard the provision of the statute in this particular; but the Court had ample jurisdiction to grant the relief sought in the case, and it has never been held that errors and irregularities would render a decree or judgment void, when the Court was acting within *the limits of its jurisdiction. When a Court has power to hear and determine a cause, the only remedy, if it should commit errors, is by an appeal to a superior tribunal.

While its judgment stands unreversed, it must be accepted as conclusive by all other Courts. But if it determines a question, which it has not the legal competency to entertain, its decision is a mere nullity. These principles are as firmly settled as any known to the law. We think that the transcript was properly admitted in evidence.

The Court refused to admit in evidence the deed from Mrs. Jordan and John W. Jordan to Henry Powles; and to this refusal the appellant took an exception. By the decree of the Circuit Court, John W. Jordan was appointed trustee in the place and stead of the original trustee, who was deceased. He took all the estate belonging to the original trustee, and was invested with all the powers belonging to him, so far as they were attached to the office and duty of trustee. By the deed from