Nullity

An act or proceeding which has absolutely no legal eflfect whatever. See Chit. Cont. 228. NULLIUS FILIUS (Lat.) The son of no one; a bastard. NULLIUS HOMINIS AUCTORITAS apud nos valere debet, ut meliora non sequeremur si quis attulerit. The authority of no man ought to avail with us, that we should not follow better opinions, should any one present them. Co. Litt. 383b.

An act or proceeding which has absolutely no legal effect whatever. Sec Chitty, Conti’., 12th ed. 671.

Nothing; no proceeding; an act or proceeding in a cause which the opposite party may treat as though it had not taken place or which has absolutely no legal force or effect. Salter v. Hilgen, 40 Wis. 363; Jenness v. Lapeer County Circuit Judge, 42 Mich. 469, 4 N. W. 220; Johnson v. Hines, 61 Md. 122.

— Absolute nullity. In Spanish law, nullity is either absolute or relative. The former is that which arises from the law, whether civil or criminal, the principal motive for which is the public interest, while the latter is that which affects one certain individual. Sunol v. Hepburn, 1 Cal. 281. No such distinction, however, is recognized in American law, and the term "absolute nullity" is used more for emphasis than as indicating a degree of invalidity. As to the ratification or subsequent validation of "absolute nullities," see Means v. Robinson. 7 Tex. 502, 516.

— Nullity of marriage. The entire invalidity of a supposed, pretended, or attempted marriage, by reason of relationship or incapacity of the parties or other diriment impediments. An action seeking a decree declaring such an assumed marriage to be null and void is called a suit of "nullity of marriage." It differs from an action for divorce, because the latter supposes the existence of a valid and lawful marriage. See 2 Bish. Mar. & Div. §§ 289-294.

Want of legal efficacy; nothing; no proceeding; an act or proceeding of no effect

Nothing; no proceeding; an act or proceeding in a cause which the opposite party may treat as though it had not taken place, or which has absolutely no legal force or eifect,

signifies properly what does not exist; what is not properly in the nature of things.

In a figurative sense, and in law, it means that which has no more effect than if it did not exist, and also the detect which prevents it from having such effect. What is absolutely void. It isa rule of law that what is absolutely nul produces no effects whatever; as, if a man had a wife in full life, and both aware of the fact, he married another woman, such second marriage would be nul und without any legal effect. Vide Chit. Contr. 228; 3 Chit. Pr. 5225 2 Archb. Pr. K. B. 4th edit. 888; Bayl. Ch. Pr. 97. And see art. Void.