by John Marshall Harlan, Dowell v. Applegate — Opinion of the Court
“ If the federal court erred in assuming or retaining jurisdiction of Dowell's suit,-a question not necessary to be examined,-would it follow that its final decree, being unmodified and unreversed, can be treated as a nullity when assailed collaterally by one who was a party to the suit in which it was rendered? ”
by John Marshall Harlan, Dowell v. Applegate — Opinion of the Court
“ The decree in the federal court was an adjudication, as between all the parties to the suit in that court, that Dowell was entitled, in satisfaction of his claims against Jesse Applegate, to subject to sale all the lands his bill sought to reach, which the decree directed to be sold. And that decree-never having been modified by the court that rendered it, nor by this court upon appeal-necessarily concludes every matter that Daniel W. Applegate was entitled, under the pleadings, to bring forward in order to prevent the sale of the lands claimed by him, by whatever title. ”
by John Marshall Harlan, Dowell v. Applegate — Opinion of the Court
“ They Apply to courts of a special and limited jurisdiction, which are erected on such principles that their judgments, taken alone, are entirely disregarded, and the proceedings must show their jurisdiction. The courts of the United States are all of limited jurisdiction, and their proceedings are erroneous, if the jurisdiction be not shown upon them. ”
