Owens v. Gotzian
U.S. Circuit Court for the District of Minnesota
This action was brought [by James A. Owens, assignee of Murphy & Rowe, bankrupts, against Conrad Gotzian and Ckanning Sea-bury] to recover damages for the conversion by the defendants to their own use of certain personal property alleged to belong to the bankrupts’ estate.
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This action was brought [by James A. Owens, assignee of Murphy & Rowe, bankrupts, against Conrad Gotzian and Ckanning Sea-bury] to recover damages for the conversion by the defendants to their own use of certain personal property alleged to belong to the bankrupts’ estate. During the trial the record of a judgment rendered in a district court of the state of Minnesota, in an action in which the present defendants were plaintiffs, and the bankrupts were defendants, was introduced in evidence, and proof was made that the defendants purchased the property in question at a sheriff’s sale, under…
1Opinion of the Court
NELSON, District Judge.
Two propositions are involved in the objection: 1. Is the judgment of the state court a foreign or domestic judgment? 2. If a domestic judgment, can the plaintiff attack it in this suit?
In nearly every instance where the judgment of a federal court sitting within the same territorial limits has been the subject of consideration in a state court, it has been regarded as a domestic judgment. Thomson v. Lee Co., 22 Iowa, 206, and cases cited. For obvious reasons the judgment of a state court would be regarded as domestic by the federal courts in the same state; both…
2Cases cited2 opinions
- Arnold v. PotterSupreme Court of Iowa · 1867
- Thomson v. County of LeeSupreme Court of Iowa · 1867
3Cited by5 opinions
- In Re KasterCalifornia Court of Appeal · 1921
- State v. YoungOregon Supreme Court · 1946
- Swift v. MeyersU.S. Circuit Court for the District of Oregon · 1888
- First Nat. Bank v. SteinwayU.S. Circuit Court for the District of Western Pennsylvania · 1896
- Whitaker v. First Nat. Bank of BasinWyoming Supreme Court · 1925