Chicot Cnty. Drainage Dist. v. Baxter State Bank, 308 U.S. 371 (1940). · Go Syfert
Chicot Cnty. Drainage Dist. v. Baxter State Bank, 308 U.S. 371 (1940). Cases Citing This Book View Copy Cite
Quick Summary

A federal court has the authority to determine its own subject matter jurisdiction (holding that a federal court has authority to determine whether it has subject matter jurisdiction over a dispute).

Respondents sued to recover on bonds that were canceled pursuant to a court decree implementing a debt readjustment plan under a federal statute. After the statute was later declared unconstitutional, respondents argued the prior decree was void for lack of jurisdiction. The court held that a federal court of limited jurisdiction has the authority to determine its own jurisdiction, and a decree sustaining jurisdiction is res judicata in a collateral action. Because the respondents had notice of the original proceeding and the opportunity to challenge the statute's validity but failed to do so, they are barred from raising the issue in a subsequent suit.

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cited 9× by 8 distinct cases, 1967–2021 · 6 courts→ Stable · …the past cannot always be erased by a new judicial declaration. at p. 374 ✓
cited 4× by 2 distinct cases, last quoted 1971 · 2 courts · …must be taken with qualifications. ✓
3,643 citation events (829 in the last 25 years) across 210 distinct courts.
Strongest positive: USA PROMLITE TECHNOLOGY, INC. v. City of Hildalgo (txsb, 2022-01-11) · Strongest negative: Hegna v. Islamic Revolutionary Guard Corps (cadc, 2012-12-10)
Treatment trajectory · 1939 → 2026 · click a year to view as-of
1939 1982 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Hegna v. Islamic Revolutionary Guard Corps (3×)
D.C. Cir. · 2012 · signal: but see · confidence bake:cell
Ltd., 525 F.Supp.2d 680, 689 (D.Del.2007); but see Dalombo Fontes v. Gonzales, 498 F.3d 1 , 3 (1st Cir.2007) (per curiam order denying rehearing), while the Sixth Circuit believes that it was always dictum and "not an accurate statement of the Supreme Court's general rule in this area,” Harrington v. Vandalia-Butler Bd. of Educ., 649 F.2d 434 , 438 n. 3 (6th Cir. 1981) (concluding that Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 375 , 60 S.Ct. 317 , 84 L.Ed. 329 (1940), provides the better rule); but cf. Franklin Cnty.
discussed Cited "but see" Hegna v. Islamic Revolutionary Guard Corps
D.D.C. · 2012 · signal: but see · confidence high
Del. 2007); but see Dalombo Fontes v. Gonzales, 498 F.3d 1, 3 (1st Cir. 2007) (per curiam order denying rehearing), while the Sixth Circuit believes that it was always dictum and “not an accurate statement of the Supreme Court’s general rule in this area,” Harrington v. Vandalia-Butler Bd. of Educ., 649 F.2d 434 , 438 n.3 (6th Cir. 1981) (concluding that Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 375 (1940), provides the better rule); but cf. Franklin Cnty.
examined Cited "but see" Renteria-Gonzalez v. INS (3×)
5th Cir. · 2003 · signal: but see · confidence high
But see United States v. Yacoubian, 24 F.3d 1, 5-6 (9th Cir.1994) (holding that district court retained jurisdiction). 7 See Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 377 , 60 S.Ct. 317 , 84 L.Ed. 329 (1940) (holding that a "decree sustaining [subject matter] jurisdiction against attack, while open to direct review, is res judicata in a collateral action"); Royal Ins.
examined Cited "but see" Mayo v. Mayo (3×)
D.C. · 1986 · signal: but see · confidence high
But see Insurance Corp. of Ireland v. Compagnie des Bauxites, 456 U.S. 694 , 702 n. 9, 102 S.Ct. 2099 , 2104 n. 9, 72 L.Ed.2d 492 (1982) (noting that, due to principles of res judicata, where a party had an opportunity to litigate question of the trial court’s subject matter jurisdiction but failed to do so, the question may not be reopened in a collateral attack upon an adverse judgment) (citing Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 375-76 , 60 S.Ct. 317, 319-20 , 84 L.Ed. 329 (1940); Stoll v. Gottlieb, 305 U.S. 165 , 59 S.Ct. 134 , 83 L.Ed. 104 *116 (1938)); see …
discussed Cited as authority (verbatim quote) USA PROMLITE TECHNOLOGY, INC. v. City of Hildalgo
Bankr. S.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
the court has the authority to pass upon its own jurisdiction . . . .
discussed Cited as authority (verbatim quote) USA PROMLITE TECHNOLOGY, INC. v. City of Hildalgo
Bankr. S.D. Tex. · 2020 · quote attribution · 1 verbatim quote · confidence high
the court has the au- thority to pass upon its own jurisdiction . . . .
examined Cited as authority (verbatim quote) NCAA v. Governor of New Jersey (2×) also: Cited as authority (rule)
3rd Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
the actual existence of a statute, prior to a determination of unconstitutionality, is an operative fact and may have consequences which cannot justly be ignored. the past cannot always be erased by a new judicial declaration.
discussed Cited as authority (verbatim quote) Parker v. Goodman
6th Cir. · 2007 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the court has the authority to pass upon its own jurisdiction and its decree sustaining jurisdiction against attack, while open to direct review, is res judicata in a collateral action.
examined Cited as authority (verbatim quote) Perlstein v. Wolk (11×) also: Cited "see"
Ill. · 2006 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the past cannot always be erased by a new judicial declaration
examined Cited as authority (verbatim quote) In Re: Optical Technologies, Inc. v. Larson Pharmacy Inc. (6×) also: Cited as authority (quoted), Cited "see"
11th Cir. · 2005 · quote attribution · 4 verbatim quotes · confidence high
if the general principles governing the defense of res judicata are applicable, these bondholders, having the opportunity to raise the question of invalidity, were not the less bound by the decree because they failed to raise it.
discussed Cited as authority (verbatim quote) Ruhrgas Ag v. Marathon Oil Co.
SCOTUS · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
federal courts' determinations of whether they have jurisdiction to entertain a ease may not be assailed collaterally.
examined Cited as authority (verbatim quote) People in Interest of EEA v. JM (3×) also: Cited as authority (quoted)
Colo. Ct. App. · 1993 · quote attribution · 3 verbatim quotes · confidence high
it is manifest from numerous decisions that an all-inclusive statement of a principal of absolute retroactivity cannot be justified.
examined Cited as authority (quoted) Young v. United States (3×)
Fed. Cl. · 2010 · quote attribution · 3 verbatim quotes · confidence low
the court has the authority to pass upon its own jurisdiction and its decree sustaining jurisdiction against attack, while open to direct review, is res judicata in a collateral action.
examined Cited as authority (quoted) Parker v. Goodman (3×)
6th Cir. · 2007 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
the court has the authority to pass upon its own jurisdiction and its decree sustaining jurisdiction against attack, while open to direct review, is res judicata in a collateral action.
examined Cited as authority (quoted) No. 02-5632 (3×)
6th Cir. · 2004 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the court has the authority to pass upon its own jurisdiction and its decree sustaining jurisdiction against attack, while open to direct review, is res judicata in a collateral action.
examined Cited as authority (quoted) Pratt v. Ventas, Inc. (3×)
6th Cir. · 2004 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the court has the authority to pass upon its own jurisdiction and its decree sustaining jurisdiction against attack, while open to direct review, is res judicata in a collateral action.
examined Cited as authority (quoted) Tracar, S.A. v. Silverman (In re American Preferred Prescription, Inc.) (5×) also: Cited "see, e.g."
E.D.N.Y · 2000 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the court has the authority to pass upon its own jurisdiction and its decree sustaining jurisdiction against attack, while open to direct review, is res judicata in a collateral action.
cited Cited as authority (rule) Massey v. Computershare Limited
10th Cir. · 2025 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940)).
cited Cited as authority (rule) (PS)Baldiosera Torres v. People of the State of California
E.D. Cal. · 2025 · confidence medium
Chicot 16 County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378 (1940).
discussed Cited as authority (rule) Jgc Holdings Corporation v. Kingdom of Spain
D.D.C. · 2024 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940) (holding that federal courts’ determinations of their own jurisdiction “while open to direct review, may not be assailed collaterally”); Travelers Indem.
cited Cited as authority (rule) State v. Jason Roberts
Vt. · 2024 · confidence medium
In Chicot County Drainage District v. Baxter State Bank, the Court further clarified its opposition to an absolute or universal approach to retroactivity. 308 U.S. 371, 374-75 (1940). ¶ 83.
discussed Cited as authority (rule) Diageo North America, Inc. v. W.J. Deutsch & Sons Ltd.
2d Cir. · 2024 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 377 (1940) (a “court has the authority to pass upon its own jurisdiction”), we conclude that the district court’s orders were reasonable clarifications or interpretations of the injunction, not “modification[s] warranting immediate review,” JLM Couture, Inc., 91 F.4th at 100 .
cited Cited as authority (rule) Cavanaugh v. Geballe
D. Conn. · 2024 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940).
discussed Cited as authority (rule) Tew v. ED&F Man Capital Markets, Ltd.
Bankr. E.D. Ky. · 2023 · confidence medium
Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376-77 (1940) (a federal court 4 As previously noted, the settlement in Debtors’ bankruptcy case concerned the allowance of SKAT’s general unsecured claims for $33,996,000 and $2,389,000.
cited Cited as authority (rule) (PS) Seneka v. County of Yolo
E.D. Cal. · 2023 · confidence medium
Chicot County 18 Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378 (1940).
discussed Cited as authority (rule) National Oilwell Varco v. Auto-Dril
5th Cir. · 2023 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940) (“If the jurisdiction be not alleged in the proceedings, their judgments and decrees are erroneous, and may, upon a writ of error or appeal, be reversed for that cause.
discussed Cited as authority (rule) M H v. State of Indiana
Ind. · 2023 · confidence medium
While premising its decision on principles of finality, the Court recognized that other “classes of cases” may warrant a different outcome—an outcome based on the parties’ reliance interests, “rights claimed to have become vested,” and considerations of “public policy.” Id at 510–11, 153 N.E.2d at 129 (quoting Chicot Co. Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 374 (1940)).
cited Cited as authority (rule) (PS) Rhuma v. State of Libya
E.D. Cal. · 2023 · confidence medium
Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378 (1940).
discussed Cited as authority (rule) Blakeley v. Gunderson
D. Alaska · 2022 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940)). 31 Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94 (1998) (“Without jurisdiction the court cannot proceed at all in any cause.
cited Cited as authority (rule) Finney v. Howey
D. Alaska · 2022 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940) and Stoll v. Gottlieb, 305 U.S. 165 , 171–72 (1938)). 24 21 Espinosa, 559 U.S. at 270 ; see, e.g., Reardon v. Reardon, 421 Fed.
cited Cited as authority (rule) Prosser v. Carroll
Bankr. D.V.I. · 2022 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376-77 (1940) (concluding that a federal court has the authority to determine whether it has subject matter jurisdiction over a proceeding).
discussed Cited as authority (rule) Jack Cooper v. Retrieval Masters Creditors
7th Cir. · 2022 · confidence medium
See Travelers Indemnity Co. v. Bai‐ ley, 557 U.S. 137 , 152−53 (2009), citing Insurance Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694 , 702 n.9 (1982) (“A party that has had an opportunity to litigate the question of subject‐matter jurisdiction may not … reopen that question in a collateral attack upon an adverse judgment.”); Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 376 (1940) (federal courts’ determinations of jurisdiction are “open to direct review [but] may not be assailed collater‐ ally”); see also Dexia Crédit Loca…
discussed Cited as authority (rule) FOSTER v. FIRST INTERSTATE BANK
Bankr. D. Mont. · 2022 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376-77 (1940) (chapter IX confirmation order); Stoll v. Gottlieb, 305 U.S. 165, 171-72 (1938) (plan confirmation order); Robertson v. Howard, 229 U.S. 254, 263-64 (1913) (bankruptcy sale order); New Lamp Chimney Co. v. Ansonia Brass & Copper Co., 91 U.S. (1 Otto) 656, 660-62 (1876) (decree adjudging a corporation bankrupt); Com.
discussed Cited as authority (rule) Casey v. Hill
Cal. Ct. App. · 2022 · confidence medium
“As long as the sister state court had jurisdiction over the subject matter and the parties, a sister state judgment is entitled to full faith and credit ‘even as to matters of law or fact erroneously decided.’ ” (Bank of America, supra, 77 Cal.App.4th at p. 118 .) Principles of res judicata apply to matters actually presented in the earlier proceeding as well as “ ‘any other available matter which might have been presented to that end.’ ” (Chicot County Drainage Dist. v. Baxter State Bank (1940) 308 U.S. 371, 378 (Chicot).) Defendants’ first defense to recognition violates t…
cited Cited as authority (rule) (PS) Khan v. U.S. Bank National Association
E.D. Cal. · 2022 · confidence medium
Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378 (1940).
discussed Cited as authority (rule) United States v. Lamberd
10th Cir. · 2022 · confidence medium
The district court found support for that conclusion in Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 376 (1940), where the Supreme Court said that questions of subject matter jurisdiction are “open to direct review” but “may not be assailed 4 Appellate Case: 21-3135 Document: 010110691332 Date Filed: 06/01/2022 Page: 5 Lamberd has not addressed, let alone met, the “no arguable basis” standard.
discussed Cited as authority (rule) Casey v. Hill
Cal. Ct. App. · 2022 · confidence medium
“As long as the sister state court had jurisdiction over the subject matter and the parties, a sister state judgment is entitled to full faith and credit ‘even as to matters of law or fact erroneously decided.’ ” (Bank of America, supra, 77 Cal.App.4th at p. 118 .) Principles of res judicata apply to matters actually presented in the earlier proceeding as well as “ ‘any other available matter which might have been presented to that end.’ ” (Chicot County Drainage Dist. v. Baxter State Bank (1940) 308 U.S. 371, 378 (Chicot).) Defendants’ first defense to recognition violates t…
discussed Cited as authority (rule) (PS) Harris v. Shellpoint Debt Collecting Co.
E.D. Cal. · 2022 · confidence medium
Chicot County 19 Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378 (1940); Stewart v. U.S. Bancorp, 297 20 F.3d 953, 956 (9th Cir. 2002) (internal citations omitted). 21 “Res judicata is applicable whenever there is (1) an identity of claims, (2) a final judgment 22 on the merits, and (3) privity between parties.” Tahoe–Sierra Preservation Council Inc. v. Tahoe 23 Regional Planning Agency, 322 F.3d 1064, 1077 (9th Cir. 2003) (internal quotation marks 24 omitted).
discussed Cited as authority (rule) Fiala v. Griffin
Ill. App. Ct. · 2021 · confidence medium
Such “ ‘broad statements’ ” about what it means to say a law is invalid or void, “ ‘must be taken with qualifications.’ ” (Emphasis added.) Perlstein v. Wolk, 218 Ill. 2d 448 , - 12 - 2021 IL App (2d) 210064-U 461 (2006) (quoting Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371, 374 (1940)). “ ‘The actual existence of a statute, prior to such a determination, is an operative fact and may have consequences which cannot justly be ignored.’ ” Id. ¶ 31 For example, when a statute is held unconstitutional because it was adopted in violation of the single s…
cited Cited as authority (rule) Rodriguez v. Smith
Bankr. S.D. Tex. · 2021 · confidence medium
Appx. 429 , 434 n.11 (5th Cir. 2008) (citing Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940)). 13 ECF No. 5. 14 The Barton doctrine is a jurisdictional provision.
discussed Cited as authority (rule) Gary Russell Haymond
Bankr. S.D. Tex. · 2021 · confidence medium
Appx. 429 , 434 n.11 (5th Cir. 2008) (“A court always has jurisdiction to consider its jurisdiction . . . .”) (citing Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940) jurisdiction when the court lacks the statutory or constitutional power to adjudicate the case.”27 “Ultimately, a motion to dismiss for lack of subject matter jurisdiction should be granted only if it appears certain that the plaintiff cannot prove any set of facts in support of his claim that would entitle plaintiff to relief.”28 A motion to dismiss under Rule 12(b)(1) is characterized as eit…
cited Cited as authority (rule) Hogans v. Charter Communications, Inc.
E.D.N.C. · 2021 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 374 (1940).
cited Cited as authority (rule) Sprout Mortgage, LLC v. Consolidated Analytics, Inc.
E.D.N.Y · 2021 · confidence medium
Baxter State Bank, 308 U.S. 371, 376-77 (1940). 2 Burlington Ins.
cited Cited as authority (rule) (PS)Rigor v. Carlsen
E.D. Cal. · 2021 · confidence medium
Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378 (1940).
discussed Cited as authority (rule) Mitchell Law v. Bessie Jeanne
5th Cir. · 2021 · confidence medium
Id. § 13(a); Chicot County v. Baxter State Bank, 308 U.S. 371, 377 (1940); 18 Charles Alan Wright et al., Federal Practice and Procedure § 4405, at 82 (2002) (“[B]oth issue preclusion and claim preclusion are enforced by awaiting a second action in which they are pleaded and proved by the party asserting them.”).
cited Cited as authority (rule) Hilliard, Sr. v. Gutierrez
S.D. Fla. · 2021 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378 (1940)).
discussed Cited as authority (rule) BUTKO v. CICCOZZI
W.D. Pa. · 2021 · confidence medium
“Because subject matter jurisdiction was litigated prior to the entry of the judgment, any further challenge on that ground could only have been made on direct appeal.” (citing , 456 U.S. 694, 702 (1982) (“A party that has had an opportunity to litigate the question of subject-matter jurisdiction may not, however, reopen that question in a collateral attack upon an adverse judgment.”)); , 308 U.S. 371, 376 (1940) (a federal court’s determination of jurisdiction “while open to direct review, may not be assailed collaterally”).
cited Cited as authority (rule) Cunningham v. Matrix Financial Services, LLC
E.D. Tex. · 2021 · confidence medium
Bank, 308 U.S. 371, 374 (1940); see, e.g., United States v. Donnelly’s Est., 397 U.S. 286 , 291–95 (1970). ii.
cited Cited as authority (rule) (PS) Khan v. U.S. Bank National Association
E.D. Cal. · 2021 · confidence medium
Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378 (1940).
cited Cited as authority (rule) Cavanaugh v. Geballe
D. Conn. · 2021 · confidence medium
Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 376 (1940).
Retrieving the full opinion text from the archive…
CHICOT COUNTY DRAINAGE DISTRICT
v.
BAXTER STATE BANK Et Al.
122.
Supreme Court of the United States.
Jan 2, 1940.
308 U.S. 371
1940 U.S. LEXIS 1187
Messrs. E. L. McHaney, Jr. and S: Lasker Ehrman, with whom Mr. Grover T. Owens was on the brief, for petitioner., Mr. G. W. Hendricks for respondents,
Hughes.
Cited by 1,224 opinions  |  Published
3 passages pin-cited by 7 cases
Pinpoint authority: #9,371 of 633,719
Citer courts: Sixth Circuit (9) · Eleventh Circuit (3) · E.D. New York (3) · Federal Claims (3) · Colorado Court of Appeals (2)
Mr. Chief Justice Hughes

delivered the opinion of the Court.

Respondents brought this suit in the United States District Court for the Western Division of the Eastern District of Arkansas to recover on fourtéen bonds of $1,000 each, which had been issued in 1924 by the petitioner, Chicot County Drainage District, organized under statutes of Arkansas, [1] and had been in default since 1932.

In its answer, petitioner pleaded a decree of the same District Court in a proceeding instituted by petitioner to effect a plan of readjustment of its indebtedness under the Act of May 24, • 1934, [2] providing for “Municipal-Debt Readjustments.” The decree recited that a plan of readjustment had been accepted by the holders of more than two-thirds of the outstanding indebtedness[*373] and was fair and equitable; that to consummate the plan and with the approval of the court petitioner had issued and sold new serial bonds to the Reconstruction Finance Corporation in the amount of 1193,500 and that these new bonds were valid obligations; thát, also with the approval of the court, the Reconstruction Finance Corporation had purchased outstanding obligations of petitioner to the amount of $705,087.06 which had been delivered in exchange for new bonds and canceled; that certain proceeds had been turned over to the clerk of the court and that the disbursing agent had filed his report showing that the Reconstruction Finance Corporation had purchased all the. old bonds of petitioner other than the amount of $57,449.30. The decree provided for the application of the amount paid into court to the remaining old obligations of petitioner, that such obligations might be presented within one year, and that unless so presented they should be forever barred from participating in the plan of readjustment or in the fund paid into court. Except for. the provision for such presentation, the decree canceled the old bonds and the holders were enjoined from thereafter ■ asserting any claim thereon. ' ■

Petitioner pleaded this decree, which was entered in March, 1936, as res judicata. Respondents demurred to the answer. Thereupon the parties stipulated for trial without a jury."

The evidence showed respondents’ ownership of the bonds in suit and that respondents had notice of the proceeding for debt readjustment. The record of that proceeding, including the final decree, was introduced. The District Court ruled in favor of respondents and the Circuit Court of Appeals affirmed. 103 F. 2d 847. The decision was placed upon the ground that the decree was void because, subsequent to its entry, this Court in a[*374] proceeding relating to a municipal district in Texas had declared the statute under which the District Court had acted to be unconstitutional. Ashton v. Cameron County District, 298 U. S. 513. In view of the importance of the question we granted certiorari. October 9, 1939.

The courts below have proceeded on the theory that the Act of Congress, having been found to be unconstitutional, was not a law; that it was inoperative, conferring no rights and imposing no duties, and hence affording no basis for the challenged .decree. Norton v. Shelby County, 118 U. S. 425, 442; Chicago, I. & L. Ry. Co. v. Hackett, 228 U. S. 559, 566. It is quite clear, however, that such broad statements as to the effect of a determination of unconstitutionality must be taken with qualifications. The actual existence of a statute, prior to such a determination, is an operative fact and may have consequences which cannot justly be ignored. The past cannot always be erased by a new judicial declaration. The effect of the subsequent ruling as to invalidity may have to be considered in various aspects, — with respect to particular relations, individual and corporate, and particular conduct, private and official. Questions of rights claimed to have become vested, of status, of prior determinations deemed to have finality and acted upon accordingly, of public policy in the light of the nature both of the statute and of its previous application, demand examination. These questions are among the most difficult of those which have engaged the attention of courts, state and federal, and it is manifest from numerous decisions that an all-inclusive statement of a principle of absolute retroactive invalidity cannot be justified. [3] Without attempting[*375] to review the different classes of cases in which the consequences of a ruling against validity have been determined in relation to the particular circumstances of past transactions, we appropriately confine our consideration to the question of res judicata as it now comes before us. .

First. Apart from the contention as to the effect of the later decision as to constitutionality,, all the elements necessary to constitute the defense of res judicata are present. It appears that the proceedings in the District Court to bring about a plan of readjustment were conducted in complete conformity to the statute. The Circuit Court of Appeals observed that no question had been raised as to the regularity of the court’s action. The answer in the present suit alleged that the plaintiffs (respondents here) had notice of the proceeding and were parties, and the evidence was to the same effect, showing compliance with the statute in that respect. As parties, these bondholders had full opportunity to present any objections to the proceeding, not only as to its regularity, or the fairness of the proposed plan of readjustment, or the propriety of the terms of the decree, but also as to the validity of the statute under which the proceeding was brought and the plan put into effect. Apparently no question of validity was raised and the cause proceeded to decree on the assumption by all parties and the court itself that the statute was valid. There was no attempt to review the decree. If the general principles governing the defense of res judicata are applicable, these bondholders, having the opportunity to raise the question of invalidity, were not the less bound by the decree because they failed to raise it. Cromwell v. County of Sac, 94 U. S. 351, 352; Case v. Beauregard, 101 U. S. 688, 692; Baltimore Steamship Co. v. Phillips, 274 U. S. 316, 319, 325; Grubb v. Public Utilities Comm’n, 281 U. S. 470, 479.

[*376] Second. The argument is pressed that the District Court was sitting as a court of bankruptcy, with the limited jurisdiction conferred by statute, and that, as the statute was later declared to be invalid, the District Court was without jurisdiction to entertain the proceeding and hence its decree is open to collateral attack. We think the-argument untenable. Thh lower federal courts are all courts of limited jurisdiction, that is, with only the jurisdiction which Congress has prescribed. But none the less they are courts with authority, when parties are brought before them in accordance with the requirements of due process, to determine whether or not théy have jurisdiction to entertain the cause and for this purpose to construe and apply the statute under which they are asked to act. Their determinations of such 'questions, while open to direct review, may not be assailed collaterally.

In the early case of M’Cormick v. Sullivant, 10 Wheat. 192, where it was contended that the decree of . the federal district court did not show that the parties to the proceedings were citizens of different States and hence that the suit was coram non judice and the decree void, this Court said: “But this reason proceeds upon an incorrect view of the character and jurisdiction of the inferior Courts of the United States. They are all of limited jurisdiction; but they are not, on that-account, inferior Courts, in the technical sense of those words, whose judgments, taken alone, are to be disregarded. If the jurisdiction be not alleged in the proceedings, their •judgments and decrees are erroneous, and may, upon a writ of error, or appeal, be reversed for that cause. But they are not absolute nullities.” Id., p. 199. See, also, Skillern’s Executors v. May’s Executors, 6 Cranch 267; Des Moines Navigation Co. v. Iowa Homestead Co., 123 U. S. 652, 557, 559; Dowell v. Applegate, 152 U. S. 327, 340; Evers v. Watson, 156 U. S. 527, 533; Cutler v.[*377] Huston, 158 U. S. 423, 430, 431. This rule applies equally to the decrees of the District Court sitting in bankruptcy, that is, purporting to act under a statute of Congress passed in the exercise of the bankruptcy power. The court has the authority to pass upon its own jurisdiction and its decree sustaining jurisdiction against attack, while open to direct review, is res judicata in a collateral action. Stoll v. Gottlieb, 305 U. S. 165, 171, 172.

Whatever the contention as to jurisdiction may be, whether it is that the boundaries of a valid statute have been transgressed, or that the statute itself is invalid, the question of jurisdiction is still one for judicial determination. If the contention is one as to validity, the question is to be considered in the light of the standing of the party who seeks to raise the quéstion and of its particular application. In the present instance it is suggested that the situation of petitioner, Chicot County Drainage District, is different from that of . the municipal district before the court in the Ashton case. Petitioner contends that it is not a political subdivision of the State of Arkansas but an agent of the property owners within the District. See Drainage District No. 7 of Poinsett County v. Hutchins, 184 Ark. 521; 42 S. W. 2d 996. [4] We do not refer to that phase of the case as now determinative but merely as illustrating the sort of question which the District Court might have been called upon to resolve had the validity of the Act of Congress in the present application been raised. As the question of validity was one which had to be determined by a judicial decision, if determined at all, no reason appears why it should not be regarded as determinable by the District Court like any other question affecting its jurisdiction. There can be no doubt that if the question of the constitutionality, of the statute had actually been raised and decided by the District Court in the proceed[*378] ing to effect a plan of debt readjustment in accordance with the statute, that determination would have been final save as it was open to direct review upon appeal. Stoll v. Gottlieb, supra. 5

The remaining question is simply whether respondents, having failed to raise the question in the proceeding to which they were parties and in which they could have raised it and had it finally determined, were privileged to remain quiet and raise it in a subsequent suit. Such a view is contrary to the well-settled principle that res judicata may be pleaded as a bar, not only as respects matters actually presented to sustain or defeat the right asserted, in the earlier proceeding, “but also as respects any other available matter which might have been presented to that end.” Grubb v. Public Utilities Comm’n, supra; Cromwell v. County of Sac, supra.

The judgment is reversed and the cause is remanded to the District Court with direction to dismiss the complaint.

Reversed.

1

Act No. 405, Extra. Sess., General Assembly of Arkansas, approved February 20, 1920,- as amended by Act No. 432 of 1921, arid General Drainage Law of Arkansas, approved May 27, 1909.

2

48 Stat. 798. Originally this provision was limited to two years but it was extended to January 1, 1940, by Act approved April 10, 1936, 49 Stat. 1198.

3

See Field, “The Effect of an Unconstitutional Statute”; 42 Yale Law Journal 779; 45 Yale Law Journal 1533; 48 Harvard Law Review 1271; 25 Virginia Law Review 210.

4

See Drainage District No. 2 v. Mercantile-Commerce Bank, 69 F. 2d 138; In re Drainage District No. 7, 21 F. Supp. 798.

5

See, also, Miller v. Tyler, 58 N. Y. 477, 480; Drinkard v. Oden, 150 Ala. 475, 477, 478; 43 So. 578; Pulaski Avenue, 220 Pa. 276, 279, 280; 69 A. 749; People v. Russel, 283 Ill. 520, 524; 119 N. E. 617; Beck v. State, 196 Wis. 242, 250; 219 N. W. 197.