Legal Opinion

Engle v. Gates

U.S. Circuit Court for the District of Eastern Wisconsin

Decided May 18, 1896Published

This was an action by John 0. L’Engle against James L. Grates upon a judgment. The case was hoard on a demurrer to portions of the answer.

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This was an action by John 0. L’Engle against James L. Grates upon a judgment. The case was hoard on a demurrer to portions of the answer. The complaint alleges, in substance, that the plaintiff is a citizen of Florida, and the defendant is a citizen of Wisconsin; that one John A. Graham, recovered a personal judgment against the defendant in the circuit court for Liberty county, Fla., a court of general jurisdiction, on March 4, 1890; that the defendant appeared and pleaded the general issue in the action in wiiich such judgment was rendered; that no part of the judgment is paid, except…

1Opinion of the CourtSeaman, District Judge

(after stating the facts). Under the provisions of article 4 of the constitution of the United States, which require that full faith and credit shall be given in each state to the judicial proceedings of’ every other state, it is clear that objection is well taken to the allegations stated by way of defense to the judgment in suit, unless they present facts tending to impeach the jurisdiction of the court which rendered the judgment, either as to the subject-matter or the person. Of the numerous authorities which strictly uphold the constitutional and statutory requirements in this behalf, it…

2Cases cited16 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. Cooper v. ReynoldsSupreme Court of the United States · 1870
  4. Hanley v. DonoghueSupreme Court of the United States · 1885
  5. Laing v. RigneySupreme Court of the United States · 1896

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