Lyles v. Brown
Lyles v. Brown
Opinion of the Court
The opinion of the Court toas delivered by
The essential facts in this case are, that the defendants, be* Ing the administrators of George Brown, who had been the surety of Sarah Humphries, (the administratrix) having been cited before the ordinary, to give an account of her administration, the judge, after a judicial hearing, decreed the sum of one hundred and fifty dollars to he due by the said Sarah Humphries.
And the ti-ue question is, whether the Circuit Court ought to have regarded the charge of irregularity in the proceedings before the ordinary, or that of the want of sufficient evidence before him, as matter to invalidate the decree.
It is not pretended that the ordinary went beyond his jurist diction; and we are not at liberty to enquire into the justice o? injustice of the judgment of a court of competent jurisdiction; at least, when introduced collaterally, or as evidence. Such judgments being final and conclusive between the parties, can be revived only by direct appeal, or writ of error.. Any other' .rule would indeed be productive of endless uncertainty, and: render the judgment of a court, instead of the end,, the mere b.e-*‘ ginning of litigation. Stark, vs. Woodward, 1 Nott & M'Cord, 329; and Brown, vs. Gibson, 326; 11th State Tri. 261. In addition to a principle so well established, this court-,has. decided, in the case of the ordinary, vs. Williams and Parkman, 1 Nott & M‘Cord, 587, that before the principal 'or surcfiés can be.
There is therefore, no ground for either motion, and the decree of the ordinary having been acquiesced in at the time, is conclusive, and both motions are-dismissed.
Reference
- Full Case Name
- E. Lyles, ordinary v. Anna Brown, administratrix of Geo. Brown
- Status
- Published