Moore v. Kraft
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Illinois. Action by John P. Moore, administrator of the estate of Sallie B. Kraft, deceased, against E. W. Kraft. Judgment for defendant, and plaintiff brings error. In April, 1909, plaintiff in error filed his declaration in debt against defendant in error upon a judgment rendered in a state court of Arkansas.
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In Error to the Circuit Court of the United States for the Eastern District of Illinois. Action by John P. Moore, administrator of the estate of Sallie B. Kraft, deceased, against E. W. Kraft. Judgment for defendant, and plaintiff brings error. In April, 1909, plaintiff in error filed his declaration in debt against defendant in error upon a judgment rendered in a state court of Arkansas. From the record of that judgment it appears that in December, 1898, plaintiff in error was appointed by a probate court of Arkansas administrator of the estate of Sallie B. Kraft, who died intestate leaving…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). A state cannot give its courts, through their officers, such as administrators and receivers, power to' reach out for persons and things beyond the lines of the state. Vaughan v. Northrup, 15 Pet. 1, 10 L. Ed. 639. So Moore as Arkansas administrator could not have sued Kraft in Illinois upon the cause of action which had accrued to Mrs. Kraft. But when Moore, in the right of his intestate, sued Kraft in Arkansas and obtained- the judgment in question, the original cause of action became merged in the judgment, and the judgment became the legal evidence of a…
2Cases cited5 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Biddle v. WilkinsSupreme Court of the United States · 1828
- Wilkinson v. CulverU.S. Circuit Court for the District of Southern New York · 1885
- Newberry v. RobinsonU.S. Circuit Court for the District of Southern New York · 1888
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- Schlorer v. ManginDistrict Court, E.D. New York · 1941
- Schofield v. SpencerIdaho Supreme Court · 1926
- Ware v. Farmers' Nat. Bank of DanvilleNew Mexico Supreme Court · 1933