Sim v. Frank
Illinois Supreme Court
This was an action of debt on a judgment rendered on the 21st day of July, 1857, for $4,000 debt, and $7.75 costs, in the District Court' of the city and county of Philadelphia, of the State of Pennsylvania, in favor of defendant in error against plaintiff in error. Defendant filed three pleas. 1st. Nul tiel record. 2nd.
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This was an action of debt on a judgment rendered on the 21st day of July, 1857, for $4,000 debt, and $7.75 costs, in the District Court' of the city and county of Philadelphia, of the State of Pennsylvania, in favor of defendant in error against plaintiff in error. Defendant filed three pleas. 1st. Nul tiel record. 2nd. That when said supposed judgment was rendered, said Sim was, and for a long time before, and ever since, bad been a resident and citizen of the State of Illinois, nor was he, when said judgment was rendered, in said State of Pennsylvania, nor was he served with any process,…
1Opinion of the CourtCaton, C. J.
There is no intimation in this record, nor was it claimed upon the argument, that the defendant was served with process in Pennsylvania, or that any appearance was entered for him in the court where the judgment was rendered, by any attorney of the court, or any other person. But it is said that there is a statute in that State authorizing the prothonotary to enter up judgment, without any appearance for the defendant, but upon the mere filing of the warrant of attorney, and an affidavit of its genuineness. Such a statute can only be binding upon citizens of that State, while Sim was a…
2Cases cited1 opinion
- Smith v. SmithIllinois Supreme Court · 1856
3Cited by3 opinions
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Melhop v. Doane & Co.Supreme Court of Iowa · 1871
- Raymor v. Michigan Trust Co.Michigan Supreme Court · 1911