Woodruff v. Taylor
Supreme Court of Vermont
Trespass for taking certain personal property. The defendant pleaded the general issue, and also pleaded two pleas in bar; which were, in substance, that he commenced a suit against one Phelps Smith in the court of King’s Bench in the district of Montreal, in Lower Canada, and caused his process to be served by arresting the body of Smith; that in October, 1842, he recovered judgment against Smith, in the suit, for 26i?, 15s. 9cL, debt, and 56£, 4s. 2d., costs ; that in…
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Trespass for taking certain personal property. The defendant pleaded the general issue, and also pleaded two pleas in bar; which were, in substance, that he commenced a suit against one Phelps Smith in the court of King’s Bench in the district of Montreal, in Lower Canada, and caused his process to be served by arresting the body of Smith; that in October, 1842, he recovered judgment against Smith, in the suit, for 26i?, 15s. 9cL, debt, and 56£, 4s. 2d., costs ; that in June, 1843, he took out a writ oí fieri facias, upon the judgment, against the goods of Smith, and placed the same in the…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
A second argument having been directed in this case, it has perhaps assumed an importance in the eyes of counsel, which its intrinsic difficulties may not seem to warrant; but which may, nevertheless, justify a more extended opinion, than would otherwise have been deemed necessary.
The question raised by the pleadings is, what is to be the effect of the proceedings in the King’s Bench in Canada upon one not personally amenable to its tribunal, — when those proceedings are used here, in another and foreign jurisdiction! It is insisted, in behalf…
2Cited by73 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Haymond v. CamdenWest Virginia Supreme Court · 1883
- In Re Proving the Will of HortonNew York Court of Appeals · 1916
- Sands v. SandsSupreme Court of Connecticut · 1982
- Bonnemort v. GillMassachusetts Supreme Judicial Court · 1897
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