Wood v. Wood
Court of Appeals of Kentucky
Case 127 — PETITION ORDINARY — APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. Although the judgment relied upon as a defense to this action is to be-treated as a foreign judgment, it cannot be thus collaterally attacked, except for want of jurisdiction.
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Case 127 — PETITION ORDINARY — APPEAL FROM CHRISTIAN CIRCUIT COURT. 1. Although the judgment relied upon as a defense to this action is to be-treated as a foreign judgment, it cannot be thus collaterally attacked, except for want of jurisdiction. (McElfatrick v. Taft, io Bush, 160; Story’s Conflict of Laws, 607; Greenleaf on Evidence, 679; 2 Phillips on Evidence, side page 186, and cases there cited; Barney v. Patterson, 6 Har. & Johns., 182, 202, 203; Grant v. McLochlin, lb., 34; Thompson v. Tolime, 2 Peters’ Reports, 157.) 2. Appellee having failed to attack the assignment to Irvin in the…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Appellant, having a claim against appellee, reduced it to judgment in the Christian county. (Kentucky) circuit court, *626the county of the residence of both parties, caused execution to be issued on the judgment, which was returned “no property found. ” Appellee was a housekeeper with a family, and owned a pair of horses and a wagon, which were exempt from execution. Appellee engaged in hauling from Clarksville, Tennessee, to Hopkinsville, Kentucky, and while in the state of Tennessee his horses and wagon were seized and sold under attachment at the…
2Cases cited4 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Kerr v. . KerrNew York Court of Appeals · 1869
- Dunlap & Co. v. CodySupreme Court of Iowa · 1871
- Hoffman v. . HoffmanNew York Court of Appeals · 1871
3Cited by24 opinions
- Livermore v. Middlesborough Town Lands Co.Court of Appeals of Kentucky · 1899
- Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
- Abercrombie v. AbercrombieSupreme Court of Kansas · 1902
- Margos v. MoroudasCourt of Appeals of Maryland · 1945
- Rosencranz v. Swofford Bros. Dry Goods Co.Supreme Court of Missouri · 1903
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