Smith v. Smith
Illinois Supreme Court
This is an action of debt, on a judgment of the Superior Court of the city of New York, rendered January 14th, 1842, in favor of the plaintiff in error, for $6,087.34, against the defendants, Smith and Hull, under the New York “ Joint Debtor Act” of 1830. The suit on the judgment was commenced in the Cook County Court of Common Pleas, by the plaintiff in error, in 1854, by capias ad respond., which was served on defendant Smith, but returned “ not found,” as to defendant…
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This is an action of debt, on a judgment of the Superior Court of the city of New York, rendered January 14th, 1842, in favor of the plaintiff in error, for $6,087.34, against the defendants, Smith and Hull, under the New York “ Joint Debtor Act” of 1830. The suit on the judgment was commenced in the Cook County Court of Common Pleas, by the plaintiff in error, in 1854, by capias ad respond., which was served on defendant Smith, but returned “ not found,” as to defendant Hull. Defendant Smith appeared, by his counsel, and filed two pleas to plaintiff’s • declaration: 1st,nul tiel record; 2nd,…
1Opinion of the Court
Catón, J.
Where a judgment is rendered by the courts of another State, against citizens of that State, it is to be held conclusive here, unless it appear that that court had no jurisdiction of the subject matter or of the person, acquired in pursuance of the laws of that State. The first question to be considered is, in what mode must this want of jurisdiction be shown ? Ordinarily, it must be done by averments and proofs; but upon principle, this cannot be necessary where the record itself shows affirmatively the want of jurisdiction. All agree that a judgment rendered without jurisdiction is…
2Cited by7 opinions
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- Sim v. FrankIllinois Supreme Court · 1860
- Wilbur v. AbbotSupreme Court of New Hampshire · 1880
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