Legal Opinion

Van Norman v. Gordon

Massachusetts Supreme Judicial Court

Decided March 2, 1899PublishedCited by 24 opinions

Contract, upon a judgment of the Circuit Court for Milwaukee County in the State of Wisconsin, recovered on July 30, 1890, by the plaintiff against the defendant in an action on a promissory note for §5,000, dated January 18, 1889, payable in that State to the plaintiff in one day from date, and signed by the defendant, who also executed at the same time an instrument, the material part of which is as follows : “ Now, therefore, in consideration of the premises, I do hereby…

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Contract, upon a judgment of the Circuit Court for Milwaukee County in the State of Wisconsin, recovered on July 30, 1890, by the plaintiff against the defendant in an action on a promissory note for §5,000, dated January 18, 1889, payable in that State to the plaintiff in one day from date, and signed by the defendant, who also executed at the same time an instrument, the material part of which is as follows : “ Now, therefore, in consideration of the premises, I do hereby make, constitute, and appoint E. H. Bottum, Esq., or any attorney of any court of record, to be my true and lawful…

1Opinion of the CourtMorton, J.

The question is whether the judgment which the plaintiff seeks to enforce is entitled to full faith and credit. The answer depends on whether the court which rendered it had jurisdiction to render such a judgment. Board of Public Works v. Columbia College, 17 Wall. 521. If it had, then the fact that it is a judgment by confession under a warrant of attorney is immaterial. Such judgments, when rendered by courts having jurisdiction of the cause and the parties, have all the qualities, incidents, and attributes' of other judgments. Teel v. Yost, 128 N. Y. 387. See Henry v. Estes, 127 Mass. 474.

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2Cases cited15 opinions

  1. Galpin v. PageSupreme Court of the United States · 1874
  2. Carpenter v. StrangeSupreme Court of the United States · 1891
  3. Laing v. RigneySupreme Court of the United States · 1896
  4. Board of Public Works v. Columbia CollegeSupreme Court of the United States · 1873
  5. Pringle v. . WoolworthNew York Court of Appeals · 1882

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3Cited by24 opinions

  1. Jamouneau v. HarnerSupreme Court of New Jersey · 1954
  2. American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
  3. McDade v. MoynihanMassachusetts Supreme Judicial Court · 1953
  4. Converse v. AyerMassachusetts Supreme Judicial Court · 1908
  5. Cuykendall v. DoeSupreme Court of Iowa · 1906

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