Hanley v. Donoghue
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. This was an action of debt on a judgment rendered in the Court of Common Pleas of Washington County, Pennsylvania.
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Appeal from the Circuit Court for Baltimore County. This was an action of debt on a judgment rendered in the Court of Common Pleas of Washington County, Pennsylvania. The declaration contained three counts—-the first declaring on a normal and regularly obtained judgment against Charles and John Donoghue; the second declaring on a judgment obtained in “ a certain other action,” which, as there described, is shown to have been in some respects irregular; and the third setting forth also “a certain other” irregular action in much the same way as the second count. The defendant demurred to all…
1Opinion of the CourtRobinson, J.
It appears from the pleadings in this case, that suit was; brought in Pennsylvania against Charles and John Donoghue on a joint contract; that Charles was regularly summoned, hut no process of any kind was issued against John,, nor did he appear, in person or by attorney, to the suit. Judgment was however subsequently recovered against both defendants, and on this judgment, suit is brought in this State against .Charles. In support of this action, it is contended, that the foreign judgment although void as to *243John is valid and binding on Charles, the party who was summoned.
At common law a…
2Cases cited4 opinions
- Gerard v. BasseSupreme Court of the United States · 1784
- Kent v. HollidayCourt of Appeals of Maryland · 1861
- Nesbit v. Manro ex rel. WarfieldCourt of Appeals of Maryland · 1840
- Slater v. MagrawCourt of Appeals of Maryland · 1841
3Cited by19 opinions
- Thomas v. HardistyCourt of Appeals of Maryland · 1958
- Finch v. LVNV Funding LLCCourt of Special Appeals of Maryland · 2013
- Levin v. Gladstein.Supreme Court of North Carolina · 1906
- Wilmer v. EpsteinCourt of Appeals of Maryland · 1911
- State v. AmbroseCourt of Appeals of Maryland · 1948
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