Legal Opinion

Bailey v. Wilson

City of New York Municipal Court

Decided April 15, 1907PublishedCited by 1 opinion

Motion to set aside service of the summons and to vacate a judgment entered by default.

1Opinion of the CourtWadhams, J.

Motion is made to set aside the service of the summons and to vacate the judgment entered by default in June, 1904, upon the ground that the summons was never served. The judgment was assigned and action brought thereon in New Jersey, where the defendant resides. Plaintiff recovered in that action. It is urged by the defendant that the provision of the Constitution of the United States under which full faith and credit are to be given to judicial determinations of sister States does not apply; that, if the New Jersey court was bound to recognize the New York judgment and the New York court in…

2Cases cited1 opinion

  1. McElroy v. Continental Railway Co.New York Supreme Court · 1889

3Cited by1 opinion

  1. Harju v. AndersonWashington Supreme Court · 1925

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