41 S.E. 761 | S.C. | 1902
April 16, 1902. The opinion of the Court was delivered by This is an application to the Supreme Court, in the exercise of its original jurisdiction, for an injunction restraining the county auditor from assessing, and the county treasurer from collecting, a certain tax, which they were directed to assess and collect, by mandamus, issued by the United States Circuit Court for this district for the purpose of paying certain judgments recovered in that Court, on coupons of bonds issued by Dunklin Township (county of Greenville and State of South Carolina), in aid of a railroad. *544
The first question to be determined is whether this Court has jurisdiction of the case. The determination of the issues raised by the pleadings, involve the construction of sec. 1, art. iv., Constitution of the United States, providing that "full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State," and this presents a federal question. Hancock Nat. B. v. Farnum,
In English v. Miller, 2 Rich. Eq., 320, it was decided *546 that the court of equity of this State cannot enjoin the collection of an execution issued from the United States Court. As the report of that case is quite short, we reproduce it in full, as follows: "In December, 1843, the defendant, who is a citizen of Kentucky, recovered judgment against the complainants, on a promissory note in the Court of the United States for South Carolina. In February, 1845, the complainants filed this bill, praying an injunction to restrain the marshal from collecting the execution issued on the judgment.The Chancellor: If the complainants had any peculiar equitable ground of relief against the judgment rendered at law, their application should have been made on the equity side of the Court which rendered the judgment. This Court has certainly no authority to enjoin the proceedings of the Federal Court. See McKim v. Voorhies, 7 Cra., 279; 2 Story's Eq., 186. On appeal to this Court the decree of the Circuit Court was affirmed. Johnson, Johnston and Dunkin, C.C., concurring."
The doctrine announced in the case just mentioned is in entire harmony with the decisions of the United States Supreme Court, among which may be mentioned: U.S.(Riggs) v. Johnson Co., 73 U.S. v. City of Keokuk,
The petitioners contend that this Court has jurisdiction of the case by reason of the fact that the Circuit Court of the United States did not acquire jurisdiction of the township, and that judgment rendered by that Court is null and void, and may be disregarded in this proceeding. The rule is well settled, that if the judgment shows upon its face that the Court did not acquire jurisdiction of the defendant, it is a nullity and may be disregarded by any Court in which it is offered as evidence; but if the vice does not appear upon the face of the judgment, it can only be set *547
aside by a direct proceeding for that purpose, and in the Court in which it was rendered. The rule is thus stated by Mr. Justice Jones, in Sanders v. Price, 56 S.C. I, to wit: "The record disclosed no jurisdictional defect, as the Court had undoubted jurisdiction of the subject matter of the suit, and it appeared on the record that plaintiffs were parties duly represented by an attorney at law. In this State the law does not require, nor is it customary, that attorneys, claiming to represent parties, file warrants of attorney. When an attorney appears on the record for a party, a presumption arises that he appears by authority.Bailey v. Boyce, 5 Rich. Eq., 200; Latimer v. Latimer,
It appears upon the face of the record that the defendant in the case in which judgment was rendered, was represented by eminent attorneys, who appeared, answered the complaint, and contested the case upon the merits. It likewise appears in the record that the township (which was the defendant in that action) filed an appeal bond, when it sued out a writ of error to the United States Circuit Court of Appeals. Under these circumstances this Court cannot consider *548 whether the United States Circuit Court acquired jurisdiction of the defendant. That is a question solely to be determined by the Court that rendered the judgment. Having reached the conclusion that this Court is without jurisdiction, the other question cannot be considered.
It is the judgment of this Court, that the application be refused, and the petition dismissed.
MR. CHIEF JUSTICE McIVER dissents.