Kilburn v. Woodworth
New York Supreme Court
THIS was an action of debt, on a judgment recover-7 jo ed in the court of common pleas of the county of Lenox # 1 r flzf- , , . --- m the state or Massachusetts, m April, 1801, for 118 1 if j , - rni i dollars and 40 cents. Inere was also a count on a mutuatus. The defendant pleaded nil debeU At the trial, the plaintiff produced an exemplification of the record of the judgment.
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THIS was an action of debt, on a judgment recover-7 jo ed in the court of common pleas of the county of Lenox # 1 r flzf- , , . --- m the state or Massachusetts, m April, 1801, for 118 1 if j , - rni i dollars and 40 cents. Inere was also a count on a mutuatus. The defendant pleaded nil debeU At the trial, the plaintiff produced an exemplification of the record of the judgment. The defendant’s counsel , • „ . . . objected to its admission as evidence, and offered to , , , , , „ prove by parol, that at the time the first process was ?erved in Massachusetts, the de/endant was a resident in this…
1Per curiam
The nonsuit was properly directed. The defendant was not a resident of Massachusetts, when the Suit was commenced ; his domicil was in this state, and being in person here, and not within the jurisdiction of the court in Massachusetts, he was not, and could not have been served with process. The attachment of an article of his property could not bind him ; it could only bind the goods attached, as a proceeding in rém, and the judgment obtained by default, in pursuance of such an attachment, cannot be the ground here of an action against the defendant. To bind a defendant personally by a…
2Cited by26 opinions
- Williamson v. BerrySupreme Court of the United States · 1850
- Baker v. Baker, Eccles & Co.Supreme Court of the United States · 1917
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
- Kane v. CookCalifornia Supreme Court · 1857
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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