Ludwig v. State
Ludwig v. State
Opinion of the Court
Appellant was convicted of selling intoxicating liquor without a license, in less quantity than a quart. It appears from the record that in September, 1895, appellant, having given notice, as required by the act of March 11, 1895 (Acts 1895, p. 251), applied to the board of commissioners of Marion county for a license to sell intoxicating liquor; that a remonstrance signed by a majority of the legal voters of the township in which appellant desired to sell was filed; that during the same term of the com
The license issued to appellant was for one year from the 19th day of December, 1895.
While holding the license as above set out the sale was made, and the only question presented is whether the license protected a sale made thereunder.
When the case was appealed from the board of commissioners to the circuit court it became the duty of the latter court first to determine the question of jurisdiction, and whether as a matter of fact the remonstrance had been filed as required by law. Under the construction placed upon the statute by the circuit court the required remonstrance was not on file when the case came up for hearing. The appeal in the circuit court was to be tried regardless of what had been done by the board of commissioners. The question of jurisdiction was to be determined by the circuit court, and its decision upon that question might have been reviewed in a proceeding on appeal. As has been since decided by the Supreme Court, the circuit court’s determination of the question of the right of remonstrants to withdraw their names may have been wrong, but it does not necessarily follow that the judgment of the circuit court was an absolute nullity. The judgment fixed appellant’s right to a license under the law of the State,-and is valid and binding against a collateral attack.
It is not to be denied that if a license is issued in disregard of a proper remonstrance it affords its holder no protection against a prosecution for selling without a license; but the circuit court held that a proper'remonstrance was not on file, and that question was a proper and necessary one for the court to determine.
(It is true, the State was not a party to the proceed
It has been frequently held that the judgment of a court of general jurisdiction upon its own right to take jurisdiction cannot be collaterally questioned, and there are strong reasons to support' this rule. Stout v. Woods, 79 Ind. 108; Dowell v. Lahr, 97 Ind. 146; State v. Wenzel, 77 Ind. 428; Lautz v. Maffett, 102 Ind. 23; Pickering v. State, 106 Ind. 228.
When the appeal was taken from the board of commissioners to the circuit court, the latter had general jurisdiction of the subject-matter, and where jurisdiction is assumed in such case the presumption is in favor of the authority of the court. The authority of a court to decide at all involves the authority to decide wrong as well as right. Quarl v. Abbett, 102 Ind. 233; Smurr v. State, 105 Ind. 125. And it is a general rule that where a court has general jurisdiction its judgments are not void although they may be erroneous. Spencer v. McGonagle, 107 Ind. 410.
The license was issued to appellant by virtue of a judgment of a court having general jurisdiction of the subject-matter. And as that judgment was never appealed from or set aside, although it may have been wrong, it is good against an attack of this kind, and protected a sale made under the license.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.