Puckett v. Pope
Supreme Court of Alabama
Writ of error to the County Court of Madison. 1 THE plaintifFin error, declared against the defendant in debt upon the exemplification of a judgment alledged to have been recovered against him and one Benjamin G. Sims, as partners, in the Circuit Court of Hinds county, in the State of Mississippi.
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Writ of error to the County Court of Madison. 1 THE plaintifFin error, declared against the defendant in debt upon the exemplification of a judgment alledged to have been recovered against him and one Benjamin G. Sims, as partners, in the Circuit Court of Hinds county, in the State of Mississippi. The defendant pleaded, 1. Nul tiel record. 2. That no writ, or other process in the suit mentioned in the plaintiffs declaration was ever served or executed on him, nor was he ever notified in any manner, of the pendency of the same, or of the supposed recovery therein; and that he never appeared to…
1Opinion of the Court
COLLIER, C. .J.
There is great contrariety of decision, upon the question,, whether a defendant against-whom a judgment has been rendered in one State, can, when sued-in another, plead- that he .was. not amenable to the - jurisdiction- of the Court, rendering the judgment, where the exemplification of the recovery shows, that he appeared to the suit, either in person, or by- attorney: 3 Phil. Ev. C. & H’s ed.799, 800, 801, 908, *555909, and cases collected and commented on. Thompson v. Tolmie, 2 Peters' Rep. 165. Bat it is conceded by all the authorities, that where the defendant does not…
2Cited by13 opinions
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- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Firemen's Insurance v. Cochran & Co.Supreme Court of Alabama · 1855
- Owings v. BinfordSupreme Court of Alabama · 1885
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