Roberts v. Caldwell
Court of Appeals of Kentucky
Debt. From the Circuit Court for Christian County.
1Opinion of the CourtChief Justice Robertson
This is an action of debt on a judgment of Tennessee; and the declaration being good, and the record from Tennessee substantially corresponding with and sustaining it—the only question to be considered, is whether the Circuit Court erred in sustaining a demurrer to a plea denying that the defendant had either appeared, or been cited to appear, to the suit in which the judgment now sued on was rendered.
If there was no such notice or appearance, the judgment should here be deemed void for want of jurisdiction in the Court that rendered it. But, as the record recites that “ the parties appeared…
2Cited by4 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Stevenson v. FlournoyCourt of Appeals of Kentucky · 1890
- Eddington's Adm'x v. EddingtonCourt of Appeals of Kentucky (pre-1976) · 1943
- Eddington's Adm'x v. EddingtonCourt of Appeals of Kentucky · 1943