Legal Opinion
Holland v. Universal Life Co.
Superior Court of Delaware
Decided July 3, 1935No. 60PublishedCited by 6 opinions
1Opinion of the Court
Layton, C. J.,
delivering the opinion of the Court:
It is admitted that the jurisdiction of the foreign court is impeachable, Pritchett v. Clark, 3 Harr. 517; Thompson v. Whitman, 18 Wall. 457, 21 L. Ed. 897; but it is urged that the record is full and complete as to jurisdiction and that a presumption of regularity obtains. So, it is argued, the affidavit of defense must deny explicitly and circumstantially the jurisdiction by setting forth facts which, if proved, would overcome the presumption; and failing this, the affidavit of defense is insufficient.
The motion for judgment must be refused.…
2Cases cited11 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Tucker v. Columbian National Life InsuranceMassachusetts Supreme Judicial Court · 1919
- Wolf v. KeagySuperior Court of Delaware · 1927
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Riley v. New York Trust Co.Supreme Court of the United States · 1942
- Stentor Electric Mfg. Co. v. Klaxon Co.Court of Appeals for the Third Circuit · 1942
- Williams v. Steamship Mutual Underwriting Ass'nWashington Supreme Court · 1954
- McElroy v. McElroyCourt of Chancery of Delaware · 1969
- Waltemeyer v. StognerDistrict of Columbia Court of Appeals · 1952
1 more not listed; retrieve them via the Exa API.