Epps & Leabow v. Buckmaster
Supreme Court of Georgia
Action on foreign judgment. Before-Judge Reid. City court of Atlanta. September term, 1897. ' The suit was on a judgment obtained in a court of Tennessee. Defendant pleaded that the judgment was void, because the court was without jurisdiction to render it, that he was not at any time a resident of Tennessee, was not properly served with a copy of process in the suit in which the judgment was rendered, and did not appear and defend the suit.
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Action on foreign judgment. Before-Judge Reid. City court of Atlanta. September term, 1897. ' The suit was on a judgment obtained in a court of Tennessee. Defendant pleaded that the judgment was void, because the court was without jurisdiction to render it, that he was not at any time a resident of Tennessee, was not properly served with a copy of process in the suit in which the judgment was rendered, and did not appear and defend the suit. Plaintiffs introduced in evidence a transcript of the record of the suit in which the judgment was rendered, from which it appeared that the suit was…
1Opinion of the CourtLewis, J.
1. In addition to the facts in the reporter’s statement of the case, it appears from the record that the following language was used by the court of Tennessee in its decree, which was the subject-matter of this suit: “In this cause it duly appearing to the court that the defendant, Eugene Buckmaster, is regularly before the court by an indorsement and entry upon the original bill, signed by said Buckmaster, whereby said defendant acknowledges due and legal notice of the filing of said bill, and enters his appearance in the cause, expressly waiving service of subpoena and publication, and that…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Harkness v. HydeSupreme Court of the United States · 1879
- Smith v. SpencerSupreme Court of Georgia · 1879
- Oglesby v. GilmoreSupreme Court of Georgia · 1850
3Cited by18 opinions
- Watts v. WattsSupreme Court of Georgia · 1908
- Sellers v. PageSupreme Court of Georgia · 1907
- Haygood v. HaygoodSupreme Court of Georgia · 1940
- Lamb v. HowardSupreme Court of Georgia · 1920
- King v. KingSupreme Court of Georgia · 1948
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