judgment based upon challenge (Virginia) · Go Syfert
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judgment based upon challenge in Virginia

10 Virginia opinions name it 5 courts 1995–2024 2 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Parrish v. Jesseegreen
va · 1995 · cited in 6 Virginia opinions naming this issue, 2002–2024
2 sentences

2024“The validity of a judgment based upon a challenge to the application of a statute raises a question of trial error, and not a question of jurisdiction.” Pure Presbyterian, 296 Va. at 56 (quoting Parrish v. Jessee, 250 Va. 514, 521 (1995)).

2023Therefore, because “[t]he validity of a judgment based upon a challenge to the application of a statute raises a question of trial error, and not a question of jurisdiction,” if the trial court “has jurisdiction of the subject matter of the controversy, and the parties are [properly] before it, . . . a mistaken exercise of that jurisdiction does not render its judgment void.” Pure Presbyterian, 296 Va. at 56 (quoting Parrish v. Jessee, 250 Va. 514, 521 (1995)).

56
Pflaster v. Town of Berryvillegreen
va · 1931 · cited in 5 Virginia opinions naming this issue, 1995–2020
2 sentences

2020As the Supreme Court has explained, “[t]he validity of a judgment based upon a challenge to the application of a statute raises a question of trial error, and not a question of jurisdiction.” Parrish v. Jessee, 250 Va. 514, 521 (1995) (citing Pflaster v. Town of Berryville, 157 Va. 859, 864 (1931)); see also Hicks ex rel.

2007Pflaster v. Town of Berryville, 157 Va. 859, 864 , 161 S.E. 58, 60 (1931).

55
Smith v. Com.green
va · 2011 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023Instead, such a judgment “is merely voidable” and can only be challenged on appeal if the appellant properly preserves his arguments in compliance 3 Subject matter jurisdiction is sometimes also referred to as “potential jurisdiction.” See, e.g., Mohamed v. Commonwealth, 56 Va. App. 95, 99 (2010); Smith v. Commonwealth, 281 Va. 464, 467 (2011) (“Subject matter jurisdiction standing alone is, however, only the ‘potential’ jurisdiction of a court over the subject matter.”); Whitt v. Commonwealth, 61 Va. App. 637, 649 (2013) (“A court must possess both ‘potential’ and ‘active jurisdiction’ to adj

11
Steve Whitt v. Commonwealth of Virginiagreen
vactapp · 2013 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023Instead, such a judgment “is merely voidable” and can only be challenged on appeal if the appellant properly preserves his arguments in compliance 3 Subject matter jurisdiction is sometimes also referred to as “potential jurisdiction.” See, e.g., Mohamed v. Commonwealth, 56 Va. App. 95, 99 (2010); Smith v. Commonwealth, 281 Va. 464, 467 (2011) (“Subject matter jurisdiction standing alone is, however, only the ‘potential’ jurisdiction of a court over the subject matter.”); Whitt v. Commonwealth, 61 Va. App. 637, 649 (2013) (“A court must possess both ‘potential’ and ‘active jurisdiction’ to adj

11
Mohamed v. Commonwealthgreen
vactapp · 2010 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023Instead, such a judgment “is merely voidable” and can only be challenged on appeal if the appellant properly preserves his arguments in compliance 3 Subject matter jurisdiction is sometimes also referred to as “potential jurisdiction.” See, e.g., Mohamed v. Commonwealth, 56 Va. App. 95, 99 (2010); Smith v. Commonwealth, 281 Va. 464, 467 (2011) (“Subject matter jurisdiction standing alone is, however, only the ‘potential’ jurisdiction of a court over the subject matter.”); Whitt v. Commonwealth, 61 Va. App. 637, 649 (2013) (“A court must possess both ‘potential’ and ‘active jurisdiction’ to adj

11
HICKS EX REL. HICKS v. Mellisgreen
va · 2008 · cited in 1 Virginia opinions naming this issue, 2020–2020
1 sentence

2020Hicks v. Mellis, 275 Va. 213, 219 (2008).

11
County School Board of Tazewell County v. Sneadgreen
va · 1956 · cited in 1 Virginia opinions naming this issue, 2007–2007
2 sentences

2007See Parrish v. Jessee, 250 Va. 514 , 521, 464 S.E.2d 141 , 145 (1995) ("The validity of a judgment based upon a challenge to the application of a statute raises a question of trial error, and not a question of jurisdiction."). "[I]f the inferior court has jurisdiction of the subject matter of the controversy, and the parties are before it, . . . a mistaken exercise of that jurisdiction does not render its judgment void." County School Bd. v. Snead, 198 Va. 100 , 107, 92 S.E.2d 497 , 503 (1956).

2007See Parrish v. Jessee, 250 Va. 514 , 521, 464 S.E.2d 141 , 145 (1995) ("The validity of a judgment based upon a challenge to the application of a statute raises a question of trial error, and not a question of jurisdiction."). "[I]f the inferior court has jurisdiction of the subject matter of the controversy, and the parties are before it, . . . a mistaken exercise of that jurisdiction does not render its judgment void." County School Bd. v. Snead, 198 Va. 100 , 107, 92 S.E.2d 497 , 503 (1956).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Singh v. Mooney green
va · 2001
2 sentences

2002Assuming the court failed to specify the amount to be received by the beneficiaries, failure to do so will not void the judgment. “[A] judgment is void ah initio only if it ‘has been procured by extrinsic or collateral fraud, or entered by a court that did not have jurisdiction over the subject matter or the parties’.” Id, Singh v. Mooney, 261 Va. 48 , 541 S.E.2d 549 (2001).

2002Assuming the court failed to specify the amount to be received by the beneficiaries, failure to do so will not void the judgment. “[A] judgment is void ah initio only if it ‘has been procured by extrinsic or collateral fraud, or entered by a court that did not have jurisdiction over the subject matter or the parties’.” Id, Singh v. Mooney, 261 Va. 48 , 541 S.E.2d 549 (2001).

12002–2002

Statutes the citing opinions construe

VA § Va. Code Ann. § 8.01-623 (4) VA § Va. Code Ann. § 17.1-413 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 46 (1915–2021) OH 18 (2000–2024) VA 10 (1995–2024) NY 3 (1984–1996) KY 3 (1982–2004) MD 2 (1979–1998) IA 2 (1869–2026) NE 2 (2005–2020) AL 2 (2000–2001) MO 2 (1959–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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