By the Court. —
delivering the opinion.
[1.] The, only ground of error assigned to the judgment of the Court below is, the rejection of the record of the Court of Ordinary of Troup County, offered in evidence, to prove the appointment of Jesse L. Laws, as guardian of Susan McLendon, of the State of Alabama. The record of the Court of Ordinary, offered in evidence, unfortunately a has not been sent up as a part of the transcript, or been incorporated into the bill of exceptions. We must necessarily be governed by the certificate of the presiding Judge, for the facts apparent on the face of that record, so offered in evidence. The bill of exceptions states, that the defendant offered in evidence, the records of the Court of Ordinary of Troup County, to prove the appointment of Jesse L. Laws, as guardian of Susan McLendon, of the State of Alabama, which was objected to by the plaintiff’s counsel, on the ground that the said Susan Mc-Lendon, the minor, had been proved to have been living in the State of Alabama at the time of the appointment of said guardian, and that the Court of Ordinary of Troup County, Georgia, had no power to appoint a guardian for her; which objection was sustained by the Court, and the defendant excepted. The Courts of Ordinary in this State, are Courts of limited jurisdiction.
[2.] In order to have given the Court of Ordinary of Troup County jurisdiction to appoint a guardian for Susan McLendon, she must either have been within the limits of the County, at the
In Walker vs. Turner, the Court held, that where the jurisdiction of a Magistrate was special, and limited by Statute, it was essential to the validity of his judgment, and the proceedings under it, when offered as evidence in another Court, that the record so offered should show that the Magistrate acted upon a case which the law submitted to his jurisdiction. The rule as to jurisdiction is, that nothing shall be intended to be out of the jurisdiction of a Superior Court of general jurisdiction, but that which specially appears to be so; and on the contrary, nothing shall be intended to be within the jurisdiction of an Inferior Court of limited jurisdiction, but that which is so expressly alleged. Peacock vs. Bell & Kendall, 1 Saunders' Rep. 74.
In Thompson vs. Tomlie, (2 Peters’ Rep. 157,) the Court held it to be a well settled rule of law in such cases, that when the proceedings are collaterally drawn in question, and it appears on the face of them that the subject matter was within the jurisdiction of the Court, they are voidable only — the errors and irregularities of any suit, are to be corrected by some direct proceeding, either before the same Court to set them aside, or in an appellate Court. It was also held, that if there is a total want of jurisdiction, the proceedings are void and a mere nullity, and may be rejected when collaterally drawn in question.
Let the judgment of the Court below be affirmed.