Etz v. Wheeler
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, AmoS. M. Thayer, Judge. Foreign statutes must be pleaded in actions where a recovery is based upon them. Banehor v. Gregory, 9 Mo. App. 102; Bliss on Code Pleading, 183 ; Sheldon v. Hoplcins, 7 Wendell, 435; 1 Greenleaf on Evidence, par. 488; Wharton on Evidence, par. 300 to 311. . When the judgment is rendered in a sister state, the cause of action is merged, and a suit here must be. brought on the judgment.
Read the full summary
Appeal from the St. Louis Circuit Court, AmoS. M. Thayer, Judge. Foreign statutes must be pleaded in actions where a recovery is based upon them. Banehor v. Gregory, 9 Mo. App. 102; Bliss on Code Pleading, 183 ; Sheldon v. Hoplcins, 7 Wendell, 435; 1 Greenleaf on Evidence, par. 488; Wharton on Evidence, par. 300 to 311. . When the judgment is rendered in a sister state, the cause of action is merged, and a suit here must be. brought on the judgment. Freeman on Judg., sect. 221 Henderson v. Stamford, 105 Mass. 504; Bigelow on; Estoppel, 251; Eldred v. Bank, 17 Wall. 545. The copy of the docket…
1Opinion of the CourtThompson, J.
'This was an action upon a judgment of a justice of 'the peace of the state of Ohio. The plaintiff had a verdict and judgment. Two points are made by the defendant.
1. The first is that the justice’s judgment was not authenticated according to the act of congress, but was proved by the depositions of witnesses according to the •common law. No authority is cited in support of the position that the act of congress excludes the common law mode of proving a foreign judgment, and we see no reason for so holding.
2. The other point is that the statute of Ohio conferring jurisdiction upon the justice…
2Cases cited1 opinion
- Wickersham v. JohnsonSupreme Court of Missouri · 1873
3Cited by3 opinions
- Danforth v. DanforthNevada Supreme Court · 1917
- Rigler v. McClureMissouri Court of Appeals · 1915
- State ex rel. Taylor v. MossMissouri Court of Appeals · 1889