Needham v. Thayer
Massachusetts Supreme Judicial Court
Contract on a judgment recovered by the plaintiff, on March 7, 1874, in the Superior Court. Writ dated May 16,1887. The answer alleged, that the plaintiff ought not to maintain the action against the defendant “upon said judgment, because he had no notice of said suit in which said judgment was obtained; that at the time of the service of said writ in said last-named action the defendant was an inhabitant and resident of the State of Connecticut, and had no notice of the…
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Contract on a judgment recovered by the plaintiff, on March 7, 1874, in the Superior Court. Writ dated May 16,1887. The answer alleged, that the plaintiff ought not to maintain the action against the defendant “upon said judgment, because he had no notice of said suit in which said judgment was obtained; that at the time of the service of said writ in said last-named action the defendant was an inhabitant and resident of the State of Connecticut, and had no notice of the commencement of said action, or of its pendency in court.” At the trial in the Superior Court, without a jury, before…
1Opinion of the CourtMorton, C. J.
The question of the validity of a judgment rendered by a court of this State against a defendant who was not a resident of the State, and who was not served personally with process within the State, was considered in Eliot v. McCormick, 144 Mass. 10. In that case this court, following the decisions in the Supreme Court of the United States, held that such judgment contravened the fourteenth article of the Amendments of the Constitution of the United States, and was invalid, and would be reversed upon a writ of error.
The case at bar presents the question, whether, in a suit in this State upon…
2Cases cited5 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Freeman v. AldersonSupreme Court of the United States · 1886
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Eliot v. McCormickMassachusetts Supreme Judicial Court · 1887
- McCormick v. FiskeMassachusetts Supreme Judicial Court · 1885
3Cited by35 opinions
- Cooper v. NewellSupreme Court of the United States · 1899
- Rogan v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1940
- United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
- O'Connor v. West Sacramento Co.California Supreme Court · 1922
- Rand v. HansonMassachusetts Supreme Judicial Court · 1891
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