Smith v. Grady
Wisconsin Supreme Court
APPEALS from the Circuit Court for Ohvppewa County. The plaintiffs duly presented to the Chippewa county court, for allowance, their verified claim against the estate of Patrick O’Donnel, the defendant’s testator, founded upon a judgment recovered by them, in the county court of the county of Peterborough, in the province of Ontario and dominion of Canada, against the testator in his life-time.
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APPEALS from the Circuit Court for Ohvppewa County. The plaintiffs duly presented to the Chippewa county court, for allowance, their verified claim against the estate of Patrick O’Donnel, the defendant’s testator, founded upon a judgment recovered by them, in the county court of the county of Peterborough, in the province of Ontario and dominion of Canada, against the testator in his life-time. The Chippewa county court disallowed the claim, whereupon the plaintiffs appealed to the circuit court. The circuit court also disallowed it, and from the judgment of disal-lowance the plaintiffs have…
1Opinion of the CourtLyon, J.
I. The only question which the first appeal herein presents for determination is, Did the service of process in this state upon Patrick O’Donnel, the defendant’s testator, give the Ontario court jurisdiction of his person, so as to make valid its personal judgment against him, based entirely upon such service? Whatever validity such judgment may have in Ontario or Canada under the laws of that province or dominion, in this country the authorities are very uniform that a personal judgment, founded alone upon service of process in another state or foreign country, is void. Many of the cases…
2Cases cited3 opinions
- Bischoff v. WetheredSupreme Court of the United States · 1870
- Jarvis v. BarrettWisconsin Supreme Court · 1861
- McEwan v. ZimmerMichigan Supreme Court · 1878
3Cited by16 opinions
- Mabee v. McDonaldTexas Supreme Court · 1915
- Miller v. SmithWisconsin Supreme Court · 1981
- Nichols v. VaughanMassachusetts Supreme Judicial Court · 1914
- Raher v. RaherSupreme Court of Iowa · 1911
- Renier v. HurlbutWisconsin Supreme Court · 1891
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