Arndt v. Arndt
Ohio Supreme Court
This Action is in Debt, reserved in the County of Fairfield. ■ The action is founded on a judgment of the Court of Common Pleas for Adams county, in the Commonwealth of Pennsylvania. The record of this judgment shows the service was made by the levy of an attachment on the interest of the defendant in a certain tract'of land in said Adams county.
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This Action is in Debt, reserved in the County of Fairfield. ■ The action is founded on a judgment of the Court of Common Pleas for Adams county, in the Commonwealth of Pennsylvania. The record of this judgment shows the service was made by the levy of an attachment on the interest of the defendant in a certain tract'of land in said Adams county. To' the declaration in this suit, on this record from Pennsylvania,. the.defendant has plead specially in bar of the action, he was never served with process; that he did not appear in the suit, neither by himself or his attorney, and that he was…
1Opinion of the CourtWood, C. J.
By the pleadings in this case, it is admitted, that the -only service in the action, upon the record of which this suit is brought, was by seizing the lands of the defendant. It is not claimed that any personal notice was ever given to’the defendant. Is the record of a judgment obtained by means of such service in Pennsylvania, prima facie evidence of debt in Ohio ? If so, the plea is no answer to the declaration : the replication is sufficient, and the demurrer should be overruled. But, if not, the defendant is entitled to judgment, on this issue of law. To acquire jurisdiction over the…
2Cases cited1 opinion
- Hampton v. M'connelSupreme Court of the United States · 1818
3Cited by5 opinions
- Cotton v. AtkinsonSupreme Court of Arkansas · 1890
- Swan v. City of BridgeportSupreme Court of Connecticut · 1898
- Carpenter v. WarnerOhio Supreme Court · 1882
- City of Cincinnati v. Queen City Telephone Co., Court of Common Pleas of Ohio, Hamilton County1904
- Sheldon v. UphamSupreme Court of Rhode Island · 1884