Page:Federal Reporter, 1st Series, Volume 9.djvu/255

240 FEDERAL REPORTER. �tiori a judgment of a court without jurisdiction would be void, and there would be no jeopardy. Eepeated indictments and trials in different counties, under the circumstances I have suggeated, would be absolutely monstrous; yet evidence may be had at one time that cannot be got at anotlier. The proofa may be entirely different on different trials, and the verdict on each trial justifled by the evidence on that trial, though the verdicts on the several trials may be different. There can be but one safe and logical rule on this point applicable to the class of jurisdictional facts referred to, and that is, where the petition, complaint, bill, orindictment alleges the jurisdictional facts, and the court is authorized and required, upon the allegations and proofs, or admissions of the pleadings, to determine the truth of the allegations, it bas power to give effect to its determination by its judgment or decree, and, hav- ing power to thus determine, adjudge, and decree, its adjudication is conclu- sive." �This very case presents a striking illustration of the neoessity of the rule making similar determinations conclusive. On the death of Perkins, his mother, who waa next of kin and one of his heirs at law, and the one to whom the law, gave the first right to administer, filed her petition in the cclunty court of Multnomah county, alleging that deceased was an inhabitant of Multnomah county at or immediately before his death, and the court, upon the petition and satisfactory evidence, so adjudged, and upon her request issued letters of admin- istration to Davis. Davis immediately brought an action in the state court for the cause of action set up in the libel, and there was a jury trial» verdict, and judgment against him, which judgment was affirmed on appeal by the supreme court. �, ; A stranger, then, acting upon the theory that the proceedings in Multnomah county are void for want of jurisdiction, on the ground that Perkins was not an inhabitant of that county at or immediately before his death, but a resident of Jackson county, filed a petition in the county court of the latter county alleging the jurisdictional facts, and thereupon the county court of that county issued letters of administration to libellant, who commenced this suit. The petition in the latter case does not allege that no letters of administration had been issued, but only that "no application has been filed in this court, "^ — the county court of Jackson county, — leaving it to be in- ferred that administration may have been had elsewhere. Upon the trial of this case in the court below, the district judge was of the opinion that Perkins, at or immediately before his death, .was not in fact an inhabitant of either Multnomah or Jackson county, but of Marion county. I have read the evidence, and I am strongly inclined to think that deceased was not an inhabitant of Jackson county at or immediately before his death ; but I do not decide that point, for the ��� �