7 Ga. 362 | Ga. | 1849
By the Court. —
delivering the opinion.
In Walker vs. Turner, the Court held, that where the jurisdiction of a Magistrate was special, and limited by Statute, it was essential to the validity of his judgment, and the proceedings under it, when offered as evidence in another Court, that the record so offered should show that the Magistrate acted upon a case which the law submitted to his jurisdiction. The rule as to jurisdiction is, that nothing shall be intended to be out of the jurisdiction of a Superior Court of general jurisdiction, but that which specially appears to be so; and on the contrary, nothing shall be intended to be within the jurisdiction of an Inferior Court of limited jurisdiction, but that which is so expressly alleged. Peacock vs. Bell & Kendall, 1 Saunders' Rep. 74.
In Thompson vs. Tomlie, (2 Peters’ Rep. 157,) the Court held it to be a well settled rule of law in such cases, that when the proceedings are collaterally drawn in question, and it appears on the face of them that the subject matter was within the jurisdiction of the Court, they are voidable only — the errors and irregularities of any suit, are to be corrected by some direct proceeding, either before the same Court to set them aside, or in an appellate Court. It was also held, that if there is a total want of jurisdiction, the proceedings are void and a mere nullity, and may be rejected when collaterally drawn in question.
Let the judgment of the Court below be affirmed.