Elsasser v. Haines
Supreme Court of New Jersey
Demurrer to pleas. The declaration contained two counts. In substance, the first stated the following facts, viz.: That the plaintiff, on the 10th of October, 1868, obtained a judgment in the District Court for the city and county of Philadelphia, in the State of Pennsylvania, for a certain sum of money, against one William E. Owens; that a fien faeias was issued thereon; that after-wards,, on the 20th of October, 1868, “at the September Term of the said District Court for,…
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Demurrer to pleas. The declaration contained two counts. In substance, the first stated the following facts, viz.: That the plaintiff, on the 10th of October, 1868, obtained a judgment in the District Court for the city and county of Philadelphia, in the State of Pennsylvania, for a certain sum of money, against one William E. Owens; that a fien faeias was issued thereon; that after-wards,, on the 20th of October, 1868, “at the September Term of the said District Court for, &c., the said defendant, in his own proper person, came before the said District Court, and then and there, in open…
1DissentDepub, J.
The declaration contains three counts. To the first and second counts the defendant pleaded actio non, because he says that he was never served with any process in the suits in which the judgments in the first and second counts of said declaration mentioned were obtained; that he did not appear to said suits in person or by attorney, and that he was not resident nor present within the jurisdiction of the said court in which the said judgments were rendered at any time pending the said suits, or when judgment was rendered therein.
To the third count the defendant pleaded the statute of…
2Cases cited9 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Hart v. SansomSupreme Court of the United States · 1884
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Knowles v. The Gaslight and Coke CompanySupreme Court of the United States · 1874
- Empire v. DarlingtonSupreme Court of the United States · 1880
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