Smith v. Rhoades
Supreme Court of Connecticut
In u«e Court below., T. HIS was an action of debt, brought on a judgment, recovered by the present plaintiff, against the present defendant, before the Court of Common Pleas, in the County of Hampshire, and Commonwealth of Massachusetts. . ' ' Pica in bar, that the defendant, at the time the suit Ivas instituted against him, on which the judgment declared upon was founded, was an inhabitant of this State, residing in the Town of Sterling, and was notan inhabitant of the…
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In u«e Court below., T. HIS was an action of debt, brought on a judgment, recovered by the present plaintiff, against the present defendant, before the Court of Common Pleas, in the County of Hampshire, and Commonwealth of Massachusetts. . ' ' Pica in bar, that the defendant, at the time the suit Ivas instituted against him, on which the judgment declared upon was founded, was an inhabitant of this State, residing in the Town of Sterling, and was notan inhabitant of the Commonwealth of Massachusetts, and did not; reside within the jurisdiction thereof, and was not subject to the jurisdiction…
1Opinion of the Court
By the Court.
The defendant’s plea in bar is iasuf-ficient, for that in said plea there is no averment of the want of legal notice of said suit.
The courts of justice, in the respective States, are open to all persons, who apply for the trial of causes, and the *170administration of justice, on questions of right, provided they are legally brought before them. In the defendant’s plea, it does not appear, but that he was found within the jurisdiction of the Court of Common Pleas, in the County of Hampshire, and was duly notified of the process. The plaintiff, in his replication, avers, that the…
2Cited by9 opinions
- Foot v. StevensNew York Supreme Court · 1837
- Aldrich v. KinneySupreme Court of Connecticut · 1822
- Bradshaw v. HeathNew York Supreme Court · 1835
- Sammis v. JamesSupreme Court of Florida · 1893
- Sanford v. SanfordSupreme Court of Connecticut · 1859
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