Wilson v. Jackson
Supreme Court of Missouri
ERROR to Lafayette Circuit, Court. 1st. The Court in Virginia had no jurisdiction of the person of the defendant, and could not have had, without the actual service of the original process upon the defendant by the Sheriff according to the command of the capias. It is the service of the process upon the defendant which could alone give the Court jurisdiction, unless the defendant had appeared to the action. See 2d Cowen, 477, and note to the case. 2 Mass.
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ERROR to Lafayette Circuit, Court. 1st. The Court in Virginia had no jurisdiction of the person of the defendant, and could not have had, without the actual service of the original process upon the defendant by the Sheriff according to the command of the capias. It is the service of the process upon the defendant which could alone give the Court jurisdiction, unless the defendant had appeared to the action. See 2d Cowen, 477, and note to the case. 2 Mass. R. 195. Graham’s Practice, 121 — 2. 2nd. That if the Court had no jurisdiction of the person of Wilson, the judgment is void, and the…
1Opinion of the CourtNapton, J.
Mary S. Jackson, administratrix of John G. Jackson, deceased, brought an action of debt against Wilson, the plaintiff in error, on the record of a judgment rendered in Virginia. The defendant below pleaded nul iiel record, nil debit, and two special pleas. The first special plea set up as a defence, that the defendant was not a resident of the State of Virginia at the time of the commencement, or at any time during the pendency of the suit in the said Circuit Superior Court of law and chancery, of Harrison County, in the State of Virginia, in which said suit the said judgment was rendered,…
2Cases cited2 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Rankin v. BradfordSupreme Court of Virginia · 1829
3Cited by8 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Western Assurance Co. v. WaldenSupreme Court of Missouri · 1911
- Savings Bank v. HuntSupreme Court of Missouri · 1880
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
- State ex rel. Goodwin v. WilliamsonSupreme Court of Missouri · 1874
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