Porter v. Bronson
New York Court of Common Pleas
Appeal from a judgment. This action was brought by John W. Porter against Henry G. Bronson; upon a judgment which one Charles Quinlan had recovered against Bronson, in an action formerly brought by him in the Marine Court of the city of New York.
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Appeal from a judgment. This action was brought by John W. Porter against Henry G. Bronson; upon a judgment which one Charles Quinlan had recovered against Bronson, in an action formerly brought by him in the Marine Court of the city of New York. Upon the trial of the present action, the defendant, who denied that the Marine Court ever acquired jurisdiction of his person in the former action, offered proof on this point, and on the merits of the former action, the substance of which is fully stated in the opinion below.. The court having excluded it, gave j udgment for the plaintiff, and the…
1Opinion of the Court
By the Court.—Cardozo, J.
I understand the rule to be well settled that the recital of jurisdictional facts in the judg*237ment-roll of a court of record is not conclusive. ,B is primafacie and presumptive evidence of its truth, but may be controverted and disapproved. Therefore, when the record of a court of record asserts that process was duly served upon the defendant, the fact is presumptively and in the first instance established, but the defendant is not concluded thereby, and may prove that he was not served with process.
In Hatcher a. Rocheleau (18 N. Y., 86, 92), Judge Denio, speaking of a…
2Cases cited13 opinions
- Shumway v. StillmanNew York Supreme Court · 1831
- American Insurance v. OakleyNew York Court of Chancery · 1842
- Sears v. TerrySupreme Court of Connecticut · 1857
- Noyes v. ButlerNew York Supreme Court · 1849
- Hatcher v. . RocheleauNew York Court of Appeals · 1858
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3Cited by4 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Mastin v. GraySupreme Court of Kansas · 1878
- Talcott v. RosenbergNew York Court of Common Pleas · 1870
- Smith v. GrantCity of New York Municipal Court · 1886