Kerr v. Condy
Court of Appeals of Kentucky
Case 36 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. CITED Myers’s Supp., p. 184, Act of Feb. 8, 1864. Wheaton’s International Law, p. 113. Hardin, 413, Rogers v. Coleman.
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Case 36 — PETITION ORDINARY APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. CITED Myers’s Supp., p. 184, Act of Feb. 8, 1864. Wheaton’s International Law, p. 113. Hardin, 413, Rogers v. Coleman. Kirby’s Reps. 119, Kibbe v. Kibbe. 5Lock’s Works (London, 1812) of Civil Government, secs. 87,134,143. Code, section 83. 4 Bing. 686, Douglas v. Forest. 3J. J. Marsh. 600, Williams v. Preston. 8 B. Mon. 137, Cobb v. Haynes. 1 Duvall, 329, Biesenthall v. Williams. 7 Bush, 316, Rhyms v. Rhyms. 5 Littell, 350, Scott, &c. v. Coleman. 9 Mass. 467, Bissell v. Briggs. 7 Cranch, 481, Mills v. Duryee. 1 Starkie’s…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
This is an action founded on a judgment rendered by the Court of Queen’s Bench, in the province of Upper Canada, in the year 1861. The controlling question involved is whether that court had jurisdiction to render a judgment in personam against the appellee.
The demurrer to the petition as amended admits that he was a resident of that country and a subject of the British crown when the proceeding was commenced, and also when the judgment was rendered. The record of the Canadian court is made an exhibit, and from it we find that there was no…
2Cases cited2 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Scott, Trotter & Tilford v. ColemanCourt of Appeals of Kentucky · 1824
3Cited by2 opinions
- Gebhard v. GarnierCourt of Appeals of Kentucky · 1876
- Downs v. Downs Admr.Court of Appeals of Kentucky · 1906