Texas Attorney General Opinion: O-6598 Page: 4 of 5
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878
honorable f. C. Greer, pagse 4
the State should have certain defene4as against
some individuals, but not against others simllar-
ly altuated."
In view of the foregoing, neither tha district
court of Liberty County, nor any other court, undar any cir-
cumstances, had Jurisdiation to reader the judgment which
was rendered ere, and therefore the judgment is void in
its entirety. The rule has been thus stated by the Juprera
Court in Withere v. I~tterson, 27 Tez. 491:
"Orders or judgments which the court has not
the power under aay cir stanoes to sake or reader
are, of course, null and, begin null, their null-
ity fay be asserted La any collateral proceeding
where they are relied on in support of a laim of
right.
"Thme case of an administration upon the estate
of a living man has already been given as an exam-
pie of absolute nullity of the proceedings of a
probate court, even whsre every stop has been takcn
with perfoot regularity; and it is e1 to bear in
mind that in this case the proceedings of the court
are absolutely nall, beQause the eas is not one
upop which the contt h4 t)e right to deliberate,
itd not for any Ohker reason."
Of like efftac I COri% v. Cowden, 251 3 , . $922.
writ refused. T)is cse involved a situation here a guardian
applied for pGriission to exohange her wrd's lands for lands
Ia another county. The court granted the application and the
deeds were exchanged. After the ards anme Of age, they brought
suit to crncel the guardian's deed and to quiet title. The
court said
"The deed sought to be canceled is void be-
oause the applicaton f the guardian, the order
of the court, and the approval order, as will as
the deed, show that the probate oourt had not the
power to authorize the guardian to exchange the
leads of the rrwds. Therefore the orders were
subject to collateral attsc . ..
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6598, text, 1945; (https://texashistory.unt.edu/ark:/67531/metapth263875/m1/4/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.