Legal Opinion

McCauley v. Hargroves

Supreme Court of Georgia

Decided January 15, 1873PublishedCited by 10 opinions

Judgment. Jurisdiction. Res adjudicata. Service. Before Judge Johnson. Muscogee Superior Court. October Term, 1872. Thomas Hargroves, for the use of George Cromelin, brought complaint against Henry McCauley for $1,051 81, besides interest, alleged to be due on a judgment obtained by the plaintiff against the defendant, at a District Court of the .United States for the Middle District of Alabama, in the city of Montgomery, on the 30th day'of May, 1867. The defendant pleaded…

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Judgment. Jurisdiction. Res adjudicata. Service. Before Judge Johnson. Muscogee Superior Court. October Term, 1872. Thomas Hargroves, for the use of George Cromelin, brought complaint against Henry McCauley for $1,051 81, besides interest, alleged to be due on a judgment obtained by the plaintiff against the defendant, at a District Court of the .United States for the Middle District of Alabama, in the city of Montgomery, on the 30th day'of May, 1867. The defendant pleaded nul'tiel record, and that no service had been perfected upon him in the cause upon which the judgment was rendered. The…

1Opinion of the Court

McCay, Judge.

1. The general doctrine has long been well settled that the judgments of Courts of other States of this Union are, under the Constitution and laws of the-United States, to have the same credit and faith in other States as they have in the State where they were rendered: Mills vs. Durzee, 7 Cranch, 481; Hampton vs. McConnel, 3 Wheat., 334; Evans vs. Tatum, 9 Ser. and R., 252, 260. But, as was said by Wayne, Judge, (in McElmayle vs. Cohen, 13 Peters, 312, 320,.) this is' not intended to exclude such defenses to the judgment as inquire into the jurisdiction of the Court in which the…

2Cases cited5 opinions

  1. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  2. Mills v. DuryeeSupreme Court of the United States · 1813
  3. Starbuck v. MurrayNew York Supreme Court · 1830
  4. Shumway v. StillmanNew York Supreme Court · 1831
  5. Steel v. SmithSupreme Court of Pennsylvania · 1844

3Cited by10 opinions

  1. Joyner v. JoynerSupreme Court of Georgia · 1908
  2. Brandon v. BrandonSupreme Court of Georgia · 1922
  3. Davis v. AlbrittonSupreme Court of Georgia · 1907
  4. Dyal v. DyalCourt of Appeals of Georgia · 1941
  5. Ballin v. LoebWisconsin Supreme Court · 1890

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