Public-domain · open source
OpenJurist

void vs. voidable

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 26 U.S. 328 - Elliott v. Lessee of Peirsol · 1828Most cited · 4 citing opinions

Where a Court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other Court. But, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers.