Jarvis v. Robinson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. Action founded upon a judgment which, it is alleged, “ plaintiff recovered against” the defendants “in the circuit court of Kent county, state of Michigan, [stating the amount], in an action in said court wherein the plaintiff was plaintiff, and said defendants-were defendants;” which judgment has not been paid, &c. No facts are averred in the complaint to show that said court had jurisdiction to render such judgment.
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APPEAL from the Circuit Court for Milwaulcee County. Action founded upon a judgment which, it is alleged, “ plaintiff recovered against” the defendants “in the circuit court of Kent county, state of Michigan, [stating the amount], in an action in said court wherein the plaintiff was plaintiff, and said defendants-were defendants;” which judgment has not been paid, &c. No facts are averred in the complaint to show that said court had jurisdiction to render such judgment. The defendants appealed from an order overruling a demurrer to the complaint as not stating a cause of action. argued, 1.…
1Opinion of the CourtDixon, C. J.
If “ the circuit court of Kent county, state of Michigan,” was a court of general jurisdiction, and if that fact were alleged, the complaint would no doubt be sufficient. As to courts of general jurisdiction, proceeding according to the course of the common law in any of the United States, jurisdiction of the person of the defendant and subject matter of the suit is presumed, and need not be averred in an action upon the judgment; though the contrary seems to have been erroneously held in some cases. “In pleading the judgments of courts of limited jurisdiction,” says Savage, C. J., speaking…
2Cases cited10 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Borden v. FitchNew York Supreme Court · 1818
- Shumway v. StillmanNew York Supreme Court · 1831
- Foot v. StevensNew York Supreme Court · 1837
- Aldrich v. KinneySupreme Court of Connecticut · 1822
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Trowbridge v. SpinningWashington Supreme Court · 1900
- Bound v. Wisconsin Central RailroadWisconsin Supreme Court · 1878
- Kunze v. KunzeWisconsin Supreme Court · 1896
- Specklemeyer v. DaileyNebraska Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.