Granger v. Clark
Supreme Judicial Court of Maine
Debt on a judgment recovered by G. I. Galvin, on whose estate the plaintiff as administrator, at the C. C. Pleas for this county, Sept. Term, 1837, against the defendant.
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Debt on a judgment recovered by G. I. Galvin, on whose estate the plaintiff as administrator, at the C. C. Pleas for this county, Sept. Term, 1837, against the defendant. In this action the defendant pleaded nul tiel record, and by brief statement averred, “ that he never was served with any process, or had any notice whatever of the original process, upon which the supposed judgment Was rendered, or appeared to or in the same, or authorized any one to appear for him; that he never was an inhabitant or resident of the State of Maine ; that the said judgment was obtained against him by fraud ;…
1Opinion of the Court
The opinion of the Court was prepared by
Whitman C. J.
— The opinion given in this case, by the late Chief Justice of this Court, we presume, was upon the ground, that a judgment of a Court of record, proceeding according to the course of the common law, could not be impeached by either of those appearing of record to be parties thereto, so long as it remained unreversed. The counsel for the defendant contends, that, if a judgment be obtained by fraud, or if rendered by a Court not having jurisdiction, it may be treated, by the party injuriously affected by it, as a nullity; and that it is…
2Cases cited2 opinions
- Simms v. SlacumSupreme Court of the United States · 1806
- Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
3Cited by17 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Mastin v. GraySupreme Court of Kansas · 1878
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Ambler v. WhippleIllinois Supreme Court · 1891
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