Legal Opinion

Shepard v. . Wright

New York Court of Appeals

Decided June 4, 1889PublishedCited by 7 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 4, 1885, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was upon an alleged judgment. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 4, 1885, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was upon an alleged judgment. The material facts are stated in the opinion. In declaring upon a judgment of a court of general jurisdiction, whether domestic or foreign, it is and was only necessary to allege generally that the plaintiff impleaded the defendant, and by the consideration of the court recovered judgment. It is not…

1Opinion of the CourtFinch, J.

The judgment upon which this action was brought appears to have been rendered in the dominion of Canada by the Court of Chancery for Ontario, and is a personal judgment against the defendant. The record shows that he did not appear in the action, and discloses as the ground of jurisdiction over his person the service of process upon him at his place of residence in this state. It is beyond question that such service was ineffectual to give the judgment validity here iff the defendant was not a citizen of Canada or domiciled within that jurisdiction. (Schwinger v. Hickok, 53 N. Y. 280; Gibbs…

2Cases cited2 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Schwinger v. . HickokNew York Court of Appeals · 1873

3Cited by7 opinions

  1. Traders Trust Co. v. DavidsonSupreme Court of Minnesota · 1920
  2. Northern Aluminum Co. v. LawCourt of Appeals of Maryland · 1929
  3. Grubel v. NassauerNew York Supreme Court · 1911
  4. In re the Estate of HortonNew York Surrogate's Court · 1977
  5. Baio v. ManganoAppellate Division of the Supreme Court of the State of New York · 1939

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