Shumway v. Stillman
New York Supreme Court
This was an action of assumpsit on a judgment obtained in Massachusetts, tried at the Rensselaer circuit in June, 1829, before the Hon. William A. Dube, then one of the circuit judges. The declaration sets forth a judgment obtained by the plaintiffs against the defendant in the common pleas of Worcester county, in the commonwealth of Massachusetts, in June, 1820, for $203,41, debt and costs.
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This was an action of assumpsit on a judgment obtained in Massachusetts, tried at the Rensselaer circuit in June, 1829, before the Hon. William A. Dube, then one of the circuit judges. The declaration sets forth a judgment obtained by the plaintiffs against the defendant in the common pleas of Worcester county, in the commonwealth of Massachusetts, in June, 1820, for $203,41, debt and costs. The defendant pleads that at the time of the commencement of the suit in which the judgment was obtained, and when the judgment was rendered, and during the intervening time, he was residing in the city…
1Opinion of the Court
By the Court,
Savage, Ch. J.
When this cause was formerly before this court, 4 Cowen, 292, it was decided that it was competent for the defendant to shew that the court of common pleas of the county of Worcester, in the state of Massachusetts, had not jurisdiction over the person of the defendant ; and if a want of jurisdiction appeared, no credit would be given to the judgment. The plea then before the court, the sufficiency of which was the subject of discussion, did not go far enough; for though it might be true that the defendant was an inhabitant of Schenectady, and had been from, the…
2Cases cited7 opinions
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- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
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