Burt & Brabb Lumber Co. v. Bailey
District Court, E.D. Arkansas
Action by the Burt & Brabb Bumber Company against J. M. Bailey. This is an action on a judgment rendered by the circuit court of Leslie county, state of Kentucky. The defenses set up by the answer are that the circuit court of Leslie county was without jurisdiction of the person of the defendant for the following reasons: (1) That he was not legally and properly served with a summons in said cause, nor did he enter his appearance personally or by attorney or otherwise.
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Action by the Burt & Brabb Bumber Company against J. M. Bailey. This is an action on a judgment rendered by the circuit court of Leslie county, state of Kentucky. The defenses set up by the answer are that the circuit court of Leslie county was without jurisdiction of the person of the defendant for the following reasons: (1) That he was not legally and properly served with a summons in said cause, nor did he enter his appearance personally or by attorney or otherwise. (2) That at the time the proceedings in said action were commenced, and ever since, defendant was a citizen of Arkansas,…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). In the presentation of this cause, counsel confined themselves strictly to those questions of law which are debatable for a want of harmony among the adjudicated cases, agreeing on others which are well settled, thereby relieving the court of including in its opinion matter which would only be a repetition of well-settled principles of law. Such conduct of counsel is commendable andi worthy of emulation by members of the bar generally.
They agree that, in an action on a judgment of another state, want of jurisdiction of the court which ^rendered the…
2Cases cited16 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Andrews v. AndrewsSupreme Court of the United States · 1903
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
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