Wilson v. Niles
The Superior Court of New York City
Debt on judgment. The declaration contained two counts. The first was upon a judgment obtained by the plaintiffs against the defendants, in the Circuit Court of Law of Mobile county, in the state of Alabama, of November Term, 1828, for 6402 dollars and 75 cents damages. The second count was on a similar judgment, for 6402 dollars and 75 cents damages, and 21 dollars and 61 cents costs,—the costs not forming a component part of the record, but appearing in the execution.
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Debt on judgment. The declaration contained two counts. The first was upon a judgment obtained by the plaintiffs against the defendants, in the Circuit Court of Law of Mobile county, in the state of Alabama, of November Term, 1828, for 6402 dollars and 75 cents damages. The second count was on a similar judgment, for 6402 dollars and 75 cents damages, and 21 dollars and 61 cents costs,—the costs not forming a component part of the record, but appearing in the execution. The defendant, Niles, was returned by the sheriff “ not found ;" but Stratton appeared, and pleaded his discharge, under the…
1Opinion of the Court
The Court decided, that the replication was bad on the general principle, that the law of Alabama could not give jurisdiction over the person of the defendant, who was not within that state, at the time the suit, upon which the judgment was founded, was commenced, nor at any time afterwards, and who had not in any way submitted himself to the jurisdiction of the court, which rendered the judgment. The judgment, (it was said,) did not bind the defendant personally, nor make his separate property subject to it. If he could not by plea deny the jurisdiction of the court, the judgment obtained in…
2Cited by2 opinions
- Rush v. CobbettNew York Supreme Court · 1801
- Suydam v. BarberThe Superior Court of New York City · 1856