Legal Opinion · Dissent

Teel v. Yost

The Superior Court of the City of New York and Buffalo

Decided February 6, 1890Published

Appeal from special term. An action by Lewis M. Teel against Abraham Yost, to recover on a judgment he had obtained against the latter in a Pennsylvania court of common pleas. For former reports, see 5 N. Y. Supp. 5, 777.

1Dissent

Ingraham, J.,

(dissenting.) I am unable to agree with my associates in affirming the judgment in this action. It appears that no process of any kind was ever served upon the defendant in any suit in the court of common pleas of Northampton county in which the plaintiff in this action was plaintiff; and that the defendant never appeared in such action; and that no suit or action in such court ever came to the defendant’s knowledge. To entitle a judgment of the court of common pleas of the state of Pennsylvania to be enforced in this state, it must appear that the court had jurisdiction of the…

2Cases cited3 opinions

  1. Shumway v. StillmanNew York Supreme Court · 1831
  2. Dimmock v. Reichhold Chemicals, Inc.New York Court of Appeals · 1977
  3. Shepard v. WrightNew York Supreme Court · 1880

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