Smithman v. Gray
Michigan Supreme Court
Error to Wayne; Gage, J., presiding. Assumpsit by John B. Smithman against Edward Gray on a foreign judgment. Judgment for plaintiff on a directed verdict. Defendant brings error. Plaintiff herein obtained a judgment against defendant in the sum of $9,346.54 upon a directed verdict.
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Error to Wayne; Gage, J., presiding. Assumpsit by John B. Smithman against Edward Gray on a foreign judgment. Judgment for plaintiff on a directed verdict. Defendant brings error. Plaintiff herein obtained a judgment against defendant in the sum of $9,346.54 upon a directed verdict. His action was based upon a Pennsylvania judgment for $8,390 dated July 3, 1915. The exemplification of record of said judgment shows that the same was procured in the Pennsylvania court upon the following note and warrant of attorney: “$6,000.00. Due Dec. 21, Oil City, Pa. Oct. 22, 1909. “Sixty days after date…
1Opinion of the CourtBrooke, J.
(after stating the facts). When a suit upon a foreign judgment is brought in the courts of this State that judgment may be impeached for lack of jurisdiction in the foreign court to render the same; irrespective of the recital of jurisdiction contained in the record of judgment. Marshall v. R. M. Owen & Co., 171 Mich. 232; Farrow v. Protective Ass’n, 178 Mich. 639. It is asserted by the appellee that the appellant is precluded from interposing such affirmative defenses as are raised by his plea, citing Mutual Fire Ins. Co. v. Furniture Co., 108 Mich. 170 (34 L. R. A. 694, 62 Am. St. Rep.…
2Cases cited11 opinions
- National Exchange Bank of Tiffin v. WileySupreme Court of the United States · 1904
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Dunlap v. ByersMichigan Supreme Court · 1896
- Mutual Fire Insurance v. Phoenix Furniture Co.Michigan Supreme Court · 1895
- Champlin v. SmithSupreme Court of Pennsylvania · 1894
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3Cited by8 opinions
- Johnson v. DiGiovanniMichigan Supreme Court · 1956
- Delph v. SmithMichigan Supreme Court · 1958
- Najdowski v. RansfordMichigan Supreme Court · 1929
- Ohio Department of Taxation v. Kleitch Bros.Michigan Supreme Court · 1959
- Fisher v. FisherMichigan Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.