Haas-Phillips Produce Co. v. Lee Edwards
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Lee & Edwards against the Haas-Pliillips Produce Company, la domestic corporation, on a judgment recovered in 1916 in a circuit court of general jurisdiction in the state of Florida. Judgment for tbe plaintiffs, and the defendant appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Lee & Edwards against the Haas-Pliillips Produce Company, la domestic corporation, on a judgment recovered in 1916 in a circuit court of general jurisdiction in the state of Florida. Judgment for tbe plaintiffs, and the defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The defense set up is that the Florida court did not have jurisdiction of defendant corporation at the' time of the rendition of the judgment, and that therefore the judgment is void even on collateral attack. The cause…
1Opinion of the CourtSomerville, J.
[1,2] It has now become elementary law that any judgment rendered .by the court of a sister state may be collaterally attacked and avoided for want of jurisdiction of subject-matter or person when it is sought to be enforced in a court of any other state. A personal judgment, whether against an individual or a corporation, must be grounded upon jurisdiction of the defendant’s person lawfully acquired. Lucas v. Bank of Darien, 2 Stew. 280, 306; Puckett v. Pope, 3 Ala. 552; L. & N. R. R. Co. v. Nash, 118 Ala. 477, 23 South. 825, 41 L. R. A. 331, 72 Am. St. Rep. 181; Ingram v. Ingram, 143 Ala.…
2Cases cited13 opinions
- Riverside & Dan River Cotton Mills v. MenefeeSupreme Court of the United States · 1915
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Semple v. GlennSupreme Court of Alabama · 1890
- Roach v. PrivettSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. NashSupreme Court of Alabama · 1897
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3Cited by7 opinions
- Ford Motor Co. v. Hall Auto Co.Supreme Court of Alabama · 1933
- Wells v. WellsSupreme Court of Alabama · 1935
- Steele v. BookerSupreme Court of Alabama · 1920
- Ex Parte Textile Workers Union of AmericaSupreme Court of Alabama · 1947
- Ex Parte Kenco Signs & Awning Div., Inc.Court of Civil Appeals of Alabama · 1999
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