Price v. Schaeffer
Supreme Court of Pennsylvania
Appeal, No. 102, Jan. T., 1894, by defendant, William L. Schaeffer, from order of C. P. No. 1, Phila. Co., Dec. T., 1892, No. 681, making absolute rule for judgment for want of sufficient affidavit of defence, in action by John E. Price et al., trading as Stewart & Price, against William L. Schaeffer and F. J. Harrel et al. Assumpsit on judgment of Circuit Court of Montgomery ■County, Maryland.
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Appeal, No. 102, Jan. T., 1894, by defendant, William L. Schaeffer, from order of C. P. No. 1, Phila. Co., Dec. T., 1892, No. 681, making absolute rule for judgment for want of sufficient affidavit of defence, in action by John E. Price et al., trading as Stewart & Price, against William L. Schaeffer and F. J. Harrel et al. Assumpsit on judgment of Circuit Court of Montgomery ■County, Maryland. The affidavit of defence by Schaeffer averred in substance: That defendant, at the time suit was brought, was not a .■resident of Montgomery county, Maryland, in which the suit ■was brought, but did…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
How far section first of article 4 of the constitution of the United States, and the act of Congress of May 26,1790, passed to carry it into effect, operate to preclude a defendant from offering evidence against the judgment of one state when sued upon it in another, has been the subject of much discussion and difference of opinion. A distinction has always been made however between facts going to the jurisdiction of the court, and those relating to the merits, and the tendency has been strong to open the door to evidence upon the former. The earlier view was…
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