Rape v. Heaton
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, DANE COUNTV. This was an action of debt on a judgment record from the court of common pleas, Mercer county, State of Pennsylvania, by the defendant in error against the plaintiffs in error, in the circuit court for the county of Dane. The declaration was in the usual form, and contained only one count.
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ERROR TO CIRCUIT COURT, DANE COUNTV. This was an action of debt on a judgment record from the court of common pleas, Mercer county, State of Pennsylvania, by the defendant in error against the plaintiffs in error, in the circuit court for the county of Dane. The declaration was in the usual form, and contained only one count. The defendants below pleaded mil tiel record, and also for a second and amended plea specially, that the defendants had not been served with process, nor had they or either of them been summoned to appear before the- court of common pleas, of Mercer county, to answer to…
1Opinion of the Court
*332 By the Court,
Paine, J.
This was an action on a judgment of the court, of common pleas, of Mercer county, in the State of Pennsylvania. The defendants pleaded nul tiel record, and a special plea, averring that neither of them was ever served with process, nor ever appeared in the suit. To this plea there was a demurrer, which was overruled, and the plaintiff then replied, that the court of common pleas in Pennsylvania had jurisdiction of the cause and of the parties, &c.
The record was offered in evidence, objected to by the defendants, admitted, and exception taken. After the plaintiff rested,…
2Cases cited9 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Starbuck v. MurrayNew York Supreme Court · 1830
- Holmes v. BroughtonNew York Supreme Court · 1833
- Buckles v. LambertCourt of Appeals of Kentucky · 1863
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3Cited by56 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- Mastin v. GraySupreme Court of Kansas · 1878
- Blodgett v. HittWisconsin Supreme Court · 1871
- Garvey v. City of LowellMassachusetts Supreme Judicial Court · 1908
- O'Dell v. RogersWisconsin Supreme Court · 1878
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