Henderson v. Staniford
Massachusetts Supreme Judicial Court
Contract on a promissory note dated October 20,1864, made by the defendant payable in one month to the order of the plaintiff, who was described in the writ (which was dated January 20, 1869,) as of Crescent City in the county of Del Norte and state of California.
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Contract on a promissory note dated October 20,1864, made by the defendant payable in one month to the order of the plaintiff, who was described in the writ (which was dated January 20, 1869,) as of Crescent City in the county of Del Norte and state of California. The answer put the plaintiff to his proof concerning the making of the note, and set up “ that if the plaintiff shall show that the defendant made the note, then the defendant answers that there is a judgment upon said note in the county of Del Norte and state of California, against the defendant and in favor of the plaintiff, and…
1Opinion of the CourtWells, J.
The defendant was not in California when :the action was commenced against him there; nor at any time during its pendency. No service of process or notice was ever made upon him personally. He did not appear by counsel, or otherwise, nor assent to the judgment, which was rendered upon his default of appearance. But he had been, for a long time before that, a citizen of California; the contract was made there; and that continued to be his legal domicil when the judgment was rendered. He was therefore, upon principles of international *506right, subject to the laws, and to the jurisdiction of the…
2Cases cited6 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Morrow v. Mason's heirsCourt of Appeals of Kentucky · 1859
- Hooker v. HubbardMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
- Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
- Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Mabee v. McDonaldTexas Supreme Court · 1915
- Raher v. RaherSupreme Court of Iowa · 1911
13 more not listed; retrieve them via the Exa API.