Levi Woodbury

“ A mere error in law, of any kind, supposed to have been rendered in a judgment of a court at a previous term, is never a sufficient justification for revising and annulling it, at a subsequent term, in this summary way, on motion. ”

“ Because it would be a judgment rendered by a court, not of inferior, but only limited, jurisdiction, and the merits would have been investigated and decided by consent. This view is supported by the English doctrine. There, though judgments of inferior courts or commissioners are often void, when on their face clearly without their jurisdiction, and may be proved to be so and avoided without a writ of error (3 Bac. Abr. Error, A; 10 Cok. 77 a; Hawk P. C. ch. 50, sec. 3) ; yet the judgment of a superior court is not void, but only voidable by plea on error. ”

“ In the third place, they argued, that, under the statute law of Mississippi governing the case, the judgment of November term, 1841, was not erroneous, and that consequently, on a writ of error, this court would not have reversed the judgment. Although by the common law, where, in a civil suit, one count is good and the others bad, and there is a general finding, judgment will be arrested, yet, by the statute law of Mississippi, a different rule prevails. ”