Gilman v. Gilman
Massachusetts Supreme Judicial Court
Contract upon a judgment recovered by the plaintiffs against the defendant in the Supreme Judicial Court of Maine. Answer, “ that said court never had or acquired jurisdiction of the person or property of the defendant so as to make the judgment set out a valid judgment.”
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Contract upon a judgment recovered by the plaintiffs against the defendant in the Supreme Judicial Court of Maine. Answer, “ that said court never had or acquired jurisdiction of the person or property of the defendant so as to make the judgment set out a valid judgment.” At the trial in this court, before Colt, J. without a jury, the plaintiffs put in evidence a duly certified copy of the judgment declared on, and partial satisfaction of the same on execution, by which it appeared that no personal service was made on the defendant, who was a citizen of New York, but that an attachment of his…
1Opinion of the CourtGray, C. J.
It has been often decided by this court, that the record of a judgment of a court of another state is entitled to full faith and credit in this Commonwealth, under art. 4, § 1, of the Constitution of the United States, only when the court had jurisdiction of the cause and of the parties; and that the defendant, when sued upon the judgment here, may plead and prove, notwithstanding any recitals in the record thereof, that he was not duly served with process, and did not authorize an attorney to appear for him, in the action in which the judgment was rendered. Gleason v. Dodd, 4 Met. 333.…
2Cases cited7 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Knowles v. The Gaslight and Coke CompanySupreme Court of the United States · 1874
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Buckles v. LambertCourt of Appeals of Kentucky · 1863
- McDermott v. ClaryMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Mottu v. Davis.Supreme Court of North Carolina · 1909
- Forsyth v. BarnesIllinois Supreme Court · 1907
- Wright v. AndrewsMassachusetts Supreme Judicial Court · 1881
- Rothschild v. KnightMassachusetts Supreme Judicial Court · 1900
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