Doss v. WaggonerDoss v. Waggoner
- Reporters:
- Before:
- Hemphill
delivered the opinion of the court.
Thе ground of alleged error is common to the judgments in the above causes, viz.: that they were rendеred by the district court at a time when, by law, that court had no power to hear and determine causes.
At the first session of the legislature of the stаte, the district court was directed to be holdеn in the county of Lamar on the ninth Monday after the first Monday in March, and the third Monday in September. [1 vоl. State Laws, p. 275.]
At the last session, the times of holding this court were *516changed to the third Mondays in April аnd October [2 vol, State Laws, p. 135], and this session of the legislature was adjourned on the 20th March, 1848. By a general law approved 16th January, 1840 [pp. 6 and 7, 4 vol. Laws], stаtutes do not become of force until forty days after the adjournment of the legislature .by which they are adopted, unless in the act itself some other time is specified for its commencеment.
Under this rule, the law of the last session went into effect on the first day of May, at which period the time prescribed for the spring session of the сourt had already passed; and it is contendеd that, as the constitution requires district courts to bе holden in each county at least twice each year, that the judge was authorized to hоld the spring term of the court at the time prescribed by the former law, viz.: on the ninth Monday after the first Mоnday in March.
The constitution, although requiring that therе should be two sessions of the district court in the several counties annually, confers no discretiоn on the judge as to the time and manner in which thesе courts shall be holden. They must be prescribed by lаw; and if but one session be directed, there is no рower in the judiciary to order another at a time and in a manner not provided for by the statutеs.
The court had nb jurisdiction to try and determine causes at the time these judgments purport to havе been rendered. There was, in fact, no court in session, and no judgments could by law have been рronounced; and, consequently, they are not only absolute nullities, in the ordinary signification of the term, when applied to judgments of courts having nо jurisdiction over the subject matter of the pаrties, but they are not even the acts of a court, and are, therefore, not susceptiblе of appeal or the subjects of revision in an appellate tribunal.
This distinction has been recognized in the cases of Hodges vs. “Ward & Ingram [Texas Eeports, vol. 1. p. 244], Baker et al. vs. Chisholm et al., decided at this term [vide 23 Pickering].
The appellant has mistaken his remedies, if any were required аgainst these pretended judgments; and it is ordered thаt the causes be stricken from the docket at his costs.