Maxwell v. Stewart
Supreme Court of the United States
Error to the Supreme Court of the Territory of New Mexico. Stewart brought an action in a State court of Kansas against Maxwell. The writ was returned, “Not served.” Thereupon an attachment was issued and levied on his property. A bond- was then entered into by which the property was released.
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Error to the Supreme Court of the Territory of New Mexico. Stewart brought an action in a State court of Kansas against Maxwell. The writ was returned, “Not served.” Thereupon an attachment was issued and levied on his property. A bond- was then entered into by which the property was released. The judgment entry recited that “the plaintiff appeared by his attorney, J. C. Henningray, and the defendant by his attorneys, John Martin and Isaac Sharp, and both parties announcing themselves ready,” the trial proceeded. On the record of this judgment Stewart subsequently sued Maxwell in the…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
On examining the record we find that four errors were assigned in the court below. The first three relate to the form and sufficiency of the evidence offered to prove the record of the judgment in the District Court of the State of Kansas upon which the action was brought. We think the objections were not well taken and that there was no error in overruling them.
The fourth is to the effect that the judgment in the Kansas court was void because the cause was tried by the court without the waiver of a trial by jury entered upon the journal.…
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