Beebe v. Marvin
The Superior Court of New York City
Appeal from an order striking out an answer as sham and false. This action was brought by George M. Beebe against Walter K. Marvin on a judgment recovered in Kansas for $364. The complaint alleged the recovery of the judgment in Kansas; that the Kansas court had jurisdiction of the action and of the person of the defendant, and that the defendant appeared in the action there; that the judgment was unpaid, and due and owing, and that the defendant had been requested, and…
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Appeal from an order striking out an answer as sham and false. This action was brought by George M. Beebe against Walter K. Marvin on a judgment recovered in Kansas for $364. The complaint alleged the recovery of the judgment in Kansas; that the Kansas court had jurisdiction of the action and of the person of the defendant, and that the defendant appeared in the action there; that the judgment was unpaid, and due and owing, and that the defendant had been requested, and refused to pay it; and that judgment was therefore demanded in this suit, with interest and costs. The defendant obtained…
1Opinion of the Court
By the Court.*—Robertson, J.
The defendant appeared in the action in which the judgment sued on was recovered. He procured delay three times, in pleading in this action for order to have time to obtain a copy of the judgment. A certified copy of the judgment is produced, and his only answer is ignorance of all matters charged in the complaint. It is not enough in such case, where the presumption is of knowledge (1 Voor. Code, 7 ed., 203, cases cited; Richardson a. Wilton, 4 Sandf, 708), simply to rest on ignorance. Every presumption is in favor of the jurisdiction of the court of Kansas…
2Cases cited1 opinion
- Harrod v. BarrettoThe Superior Court of New York City · 1828
3Cited by3 opinions
- Dahlstrom v. . GemunderNew York Court of Appeals · 1910
- Barker v. FosterSupreme Court of Minnesota · 1882
- Buller v. SidellU.S. Circuit Court for the District of Southern New York · 1890