Legal Opinion

Grover & Baker Sewing MacHine Co. v. Radcliffe

Supreme Court of the United States

Decided December 8, 1890No. 72PublishedCited by 126 opinions

ERROR TO THE COURT OF APPEALS OF THE STATE OF MARYLAND. This was an action brought in the Circuit Court of Cecil County, Maryland, by the Grover and' Baker Sewing Machine Company against James Benge and John Benge, who were then citizens of Delaware, by summons and attachment on warrant, which was served on William P. Kadcliffe as garnishee. Badcliffé filed pleas on behalf of the Benges according to the Maryland practice, putting the validity of the judgment in issue.

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ERROR TO THE COURT OF APPEALS OF THE STATE OF MARYLAND. This was an action brought in the Circuit Court of Cecil County, Maryland, by the Grover and' Baker Sewing Machine Company against James Benge and John Benge, who were then citizens of Delaware, by summons and attachment on warrant, which was served on William P. Kadcliffe as garnishee. Badcliffé filed pleas on behalf of the Benges according to the Maryland practice, putting the validity of the judgment in issue. The declaration was in these words: “ This suit is instituted to recover the sum of twenty-three hundred dollars from the…

1Opinion of the CourtChief Justice Fuller

The Maryland Circuit Court arrived at its conclusion upon the ground that the statute of Pennsylvania relied on did not authorize the prothonotary of the Court of Common Pleas of that State to enter the judgment; and the Court of Appeals of Maryland reached the same result upon the ground that the judgment ivas void as against John Benge, because the court rendering it had acquired no jurisdiction over his person.

It is settled that notwithstanding the provision of the Constitution of the United States, which declares that “ full faith and credit shall be given in each State to the public…

2Cases cited12 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. D'Arcy v. KetchumSupreme Court of the United States · 1851
  4. Johnson v. Chicago & Pacific Elevator Co.Supreme Court of the United States · 1886
  5. Hall v. LanningSupreme Court of the United States · 1875

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3Cited by126 opinions

  1. Milliken v. MeyerSupreme Court of the United States · 1941
  2. Williams v. North CarolinaSupreme Court of the United States · 1943
  3. Durfee v. DukeSupreme Court of the United States · 1963
  4. D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
  5. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909

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