McDermott v. Clary
Massachusetts Supreme Judicial Court
Contract upon a judgment rendered by the law court (so called) of Memphis in Tennessee, against this defendant, upon his default, in favor of Charles McDermott, for the use of himself and George W. Duvall, guardian, in a suit brought for the use and occupation of a house in Memphis. Duvall having died, the action was brought in the name of McDermott alone.
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Contract upon a judgment rendered by the law court (so called) of Memphis in Tennessee, against this defendant, upon his default, in favor of Charles McDermott, for the use of himself and George W. Duvall, guardian, in a suit brought for the use and occupation of a house in Memphis. Duvall having died, the action was brought in the name of McDermott alone. Trial and verdict for the defendant, in the superior court, before Rockwell, J., who allowed a bill of exceptions, of which the material parts were as follows: “ The plaintiff put in an exemplified copy of the record of the suit in which…
1Opinion of the CourtMobton, J.
This is an action upon a judgment recovered in Tennessee. The plaintiff put in evidence an exemplified copy of the record of the court in Tennessee, showing that the plaintiff had recovered a judgment against the defendant, upon his default, for the use and occupation of a house in Memphis. The defence was, that the court in Tennessee had no jurisdiction to render the judgment, the defendant not being a resident of that state, and not having been served with process.
1. The first exception is to the testimony of the defendant set forth in the bill of exceptions. The objection at the trial was…
2Cited by13 opinions
- Cartwright's CaseMassachusetts Supreme Judicial Court · 1873
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Wright v. AndrewsMassachusetts Supreme Judicial Court · 1881
- Gilman v. GilmanMassachusetts Supreme Judicial Court · 1878
- Price v. SchaefferSupreme Court of Pennsylvania · 1894
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