Levin v. Gladstein.
Supreme Court of North Carolina
ActioN by Philip Levin and another against M. Grladstein, heard by Judge G. S. Ferguson and a jury, at the March Term, 1906, of the Superior Court of Durham. This was a suit upon a judgment obtained in the Superior Court of Baltimore City, Maryland. Personal service was had upon defendant while in Baltimore. Action was instituted upon, said judgment before a justice of the peace of Durham County, and from a judgment therein, defendant appealed to the Superior Court.
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ActioN by Philip Levin and another against M. Grladstein, heard by Judge G. S. Ferguson and a jury, at the March Term, 1906, of the Superior Court of Durham. This was a suit upon a judgment obtained in the Superior Court of Baltimore City, Maryland. Personal service was had upon defendant while in Baltimore. Action was instituted upon, said judgment before a justice of the peace of Durham County, and from a judgment therein, defendant appealed to the Superior Court. At the beginning of the trial in the Superior Court counsel for defendant stated he admitted the regularity of the judgment sued…
1Opinion of the Court
CoNNOR, J.,
after stating the case:/~Two questions are presented upon the plaintiff’s appeal: Eirst. Can the defendant, in the manner proposed herein, resist a recovery upon the judgment rendered against him by the Maryland court? Second. If so, has the justice of the peace jurisdiction to hear and determine such defense? [The plaintiffs, relying upon the provision of the Constitution of the United States, Art. IY, sec. 1, that “Pull faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State,” earnestly contend that the defense is…
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