Legal Opinion

Western Assurance Co. v. Walden

Supreme Court of Missouri

Decided November 29, 1911PublishedCited by 11 opinions

Appeal from Jasper Circuit Court. — Ron. Roiuard Gray, Judge. (1) “Judgment or decree of a sister State against nonresident rendered in a suit in which the defendant did not appear and upon whom there was no personal service of process cannot he used as evidence for any purpose outside of the State in which the suit was brought.” 7 Ency. Ev., p. 840. (2) “The full faith and credit clause of the Constitution of the United States does not apply to judgment in rem.”

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Appeal from Jasper Circuit Court. — Ron. Roiuard Gray, Judge. (1) “Judgment or decree of a sister State against nonresident rendered in a suit in which the defendant did not appear and upon whom there was no personal service of process cannot he used as evidence for any purpose outside of the State in which the suit was brought.” 7 Ency. Ev., p. 840. (2) “The full faith and credit clause of the Constitution of the United States does not apply to judgment in rem.” Reno on Nonresidents, secs. 188, 197, 200’, 201; McCormick v. Elliott, 43 ’Fed. 469-473; Freeman v. Alderson, 119 U. S. 185;…

1Opinion of the CourtWoodson, J.

The plaintiff, the Western Assurance Company, was duly incorporated under the laws of Toronto, Canada, and at all the times hereinafter mentioned was lawfully engaged in the business of fire insurance in the State of Missouri and elsewhere.

The defendant Webb City Lumber Company was duly incorporated under the laws of this State, and engaged in the lumber business.

The defendant Webb City Iron Works was duly incorporated under the laws of this State, and engaged *53in the manufacture and sale of iron and the products ■thereof.

The -defendants Walden and Tarr were a copartnership engaged in the…

2Cases cited21 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. St. Clair v. CoxSupreme Court of the United States · 1882
  3. Cole v. CunninghamSupreme Court of the United States · 1890
  4. Freeman v. AldersonSupreme Court of the United States · 1886
  5. Crim v. CrimSupreme Court of Missouri · 1901

16 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Harrington v. HarringtonMissouri Court of Appeals · 1938
  2. Coy v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
  3. Strubinger v. Mid-Union Indemnity CompanyMissouri Court of Appeals · 1961
  4. Bastian v. TuttleMissouri Court of Appeals · 1980
  5. Toler v. CooverSupreme Court of Missouri · 1934

6 more not listed; retrieve them via the Exa API.

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