Gibson v. Manufacturers' Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Contract upon a judgment recovered by the plaintiff in a district court of the Territory of New Mexico, in an action upon a policy of insurance issued to the plaintiff by the defendant on October 29, 1884. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtDeyens, J.
The judgment sued on having been recovered in one of the Territories of the United States, it was competent for the defendant to show, notwithstanding any recitals in the record to the contrary, that the court in which it was rendered had no jurisdiction of the subject matter of the controversy or of the party defendant. Carleton v. Bickford, 13 Gray, 591.
It is not contended that, apart from the instrument filed in the auditor’s office of the Territory, there could be service upon *82the defendant in that Territory. The law of the Territory required any insurance company doing business therein…
2Cases cited2 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Ely v. JamesMassachusetts Supreme Judicial Court · 1877
3Cited by13 opinions
- Hancock National Bank v. EllisMassachusetts Supreme Judicial Court · 1898
- Tropic Builders, Ltd. v. Naval Ammunition Depot Lualualei Quarters, Inc.Hawaii Supreme Court · 1965
- Groel v. United Electric Co.New Jersey Court of Chancery · 1905
- Biggs v. Life Association.Supreme Court of North Carolina · 1901
- Aldrich v. E. W. Blatchford & Co.Massachusetts Supreme Judicial Court · 1900
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