Shepard v. Wright
New York Supreme Court
This is an action brought by the plaintiff to recover upon a judgment rendered by the court of chancery for Ontario, in the Dominion of Canada, a court having general jurisdiction, and having jurisdiction of the subject-matter determined by the judgment.
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This is an action brought by the plaintiff to recover upon a judgment rendered by the court of chancery for Ontario, in the Dominion of Canada, a court having general jurisdiction, and having jurisdiction of the subject-matter determined by the judgment. The defendant, by his answer, denies the allegation of the complaint that he voluntarily or duly appeared in the action, and alleges that the court in Canada had no jurisdiction to render any judgment whatever 'against him for the reason that no bill of complaint, or process of any kind whatever, was ever served upon him within the province…
1Opinion of the Court
Van Vorst, J. —
The plaintiff relies exclusively upon the Canada judgment as a ground for a recovery in this action, no proof having been given of the original cause of action upon which the suit in Canada was brought. But it has been repeatedly adjudicated that the judgment of the court of a sister state even has no binding effect in this state, unless the court had jurisdiction of the subject-matter and of the person of the party sought to be affected thereby, and that the want of jurisdiction renders the judgment a mere nullity here (Kerr agt. Kerr, 41 N. Y., 272, 275).
In Starbuck agt.…
2Cases cited9 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
- Kerr v. . KerrNew York Court of Appeals · 1869
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Noyes v. ButlerNew York Supreme Court · 1849
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3Cited by5 opinions
- Grubel v. NassauerNew York Supreme Court · 1911
- Anderson v. HaddonNew York Supreme Court · 1881
- Broeniman Co. v. Liberty Export & Import Corp.Appellate Terms of the Supreme Court of New York · 1922
- Johnson v. JohnsonNew York Supreme Court · 1884
- Teel v. YostThe Superior Court of the City of New York and Buffalo · 1890