—This case comes before the court on motion for judgment upon a remittitur from the Court of Appeals to this Court. The Court of Appeals dismissed the appeal from this court with the costs of appeal and ten dollars costs of motion, and have sent the remittitur to this court to be proceeded upon according to law. The defendant’s counsel claim and insist that the Court of Appeals never acquired any jurisdiction over the subject-matter of the cause, and consequently had no jurisdiction to dismiss the appeal, and award the general costs on the appeal. The plaintiff’s counsel, on the contrary, contends that the judgment of the Court of Appeals, as contained in their remittitur is conclusive between the parties, so far as this court is concerned. I am not prepared to assent to the proposition contended for by the defendant’s counsel. When a court has jurisdiction it has a right to decide any question which may arise in the cause, and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not merely voidable, but absolutely void, and form no bar to a remedy sought in opposition to them. And the jurisdiction of any court exercising authority over a subject may be inquired into in every other court where the proceedings of the former are relied on, and brought before the latter by a party claiming the benefit of such judgment or proceedings, Elliott et al. v. Pursell et al., 1 Peters’ U. S. R., 328; Wilcox v. Jackson, 13 id. 511; 2 Howard U. S. R. 43; 3 id. 750, 762, 763; Borden v. Fitch, 15 J. R. 141; Mills v. Martin, 19 J. R. 33; Sutton v. Edgerton, 9 Cow. R. 227; Adkins v. Browner, 3 Cow. R. 206; 1 Hill R. 130; 5 id. 285.)
The rule is a familiar one that as to courts of general jurisdiction, like the Court of Appeals in this state, its jurisdiction is to be presumed while that of courts of inferior and limited jurisdiction must be shown by the party claiming under them, as their authority will not be presumed for their judgments, (see cases above cited.) I have, therefore, looked into the papers before me on this motion to ascertain whether they overcome the presumption of jurisdiction which the law attaches to all judgments in that court, and I have not been able to discover that the paj)ers show a want of jurisdiction in this case. The judgment of the Supreme Court was perfected and was a final judgment from which an appeal would lie under section 11 of the code; and there is no question made but that the appellant had complied with section 834, so as to render the appeal effectual.
The return of the clerk of Chenango county to the Court of Appeals
But it is said by the plaintiff’s attorney, that section 12 of the code does not authorize the Court of Appeals to send a remittitur to this court when that court dismisses the appeal. The determination of this question depends upon the construction which is given to that section, and the Court of Appeals have held in two cases at the Janunry term, 1850, that it does, and hence adjudged the very question in the case under consideration, and which it ill becomes this court to review, (4 How. Pr.
And as a question was raised on "the motion as to what costs the respondent was entitled to, I may as well settle that question now and save another motion in this cause. The costs are governed by the fee bill as contained in the Bevised Statutes and are to be taxed by an officer authorized to tax costs in such cases.
By section 8 of the code, none of the sections of title 10 of the code, “ entitled of the costs in civil actions'’ are applicable to civil actions commenced in the courts of this state before the 1st day. of July 1848, unless otherwise provided therein.
Wow the only provision in relation to applying any part of title 10 to suits pending on the 1st day of July 1848, is found in the act entitled “ an act to amend an act entitled an act to facilitate the determination of existing suits in the courts of this state,” passed April 11,1849, and which applies section 315 alone, and which is the section in relation to costs on motion, &c. It follows, therefore that the code, so far as costs are concerned, except as to costs upon motion, has no application to any suit pending in the courts of this state on the 1st day of July, 1848. And all such suits are left to their final determination, into whatever court they may be carried, to the effect of the former fee bill. The costs of the appeal in this case are to be taxed under the fee bill regulating costs in the Court for the Correction of Errors, as provided by the rules and practice of that court and the statutes in relation thereto, (2 W. R. 239; Graham’s Pr. 977, 978, 2 ed.; 2 R. S. 622.)