Underwood v. Underwood
Supreme Court of Georgia
Action upon foreign judgment. Before Judge Bell. Fulton superior court. May 20, 1913. Mrs. Cordelia Underwood brought suit against H. C. Underwood, on a judgment for alimony which she had obtained against him in Kentucky. On the trial the court overruled a motion for a nonsuit, and, after hearing all the evidence, directed a verdict in favor of Mrs. Underwood for the amount sued for on the Kentucky judgment. The defendant excepted.
1Opinion of the CourtBeck, J.
The controlling question in this case, and one that disposes of it in its entirety, is whether or not the Kentucky court, in which the judgment was rendered upon which the present suit is based, had jurisdiction of the person of the defendant. Whatever recitals as to service upon the defendant may be contained in the record of the case in the Kentucky court, the question as to whether or not there was legal service in some one of the ways provided by law upon the defendant can be inquired into. In the ease of Knowles v. Gaslight &c. Co., 19 Wall. 59 (22 L. ed. 70), it is said: “But, in an…
2Cases cited6 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Exchange Bank of Virginia v. HallWest Virginia Supreme Court · 1873
- Hale v. ShannonAppellate Division of the Supreme Court of the State of New York · 1901
- Brown v. GaussAppellate Terms of the Supreme Court of New York · 1905
- Wilson v. AltemusSupreme Court of Pennsylvania · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Scarth v. ScarthOregon Supreme Court · 1957
- Cochran v. CochranSupreme Court of Georgia · 1931
- Elkins v. ElkinsDistrict Court, District of Columbia · 1924
- Hornsby v. RodriguezCourt of Appeals of Georgia · 1967
- Albert v. AlbertCourt of Appeals of Georgia · 1952
2 more not listed; retrieve them via the Exa API.