Legal Opinion

Guthrie v. Lowry

Supreme Court of Pennsylvania

Decided June 25, 1877PublishedCited by 11 opinions

Error to the Court of Common Pleas of Clearfield county : Of May Term 1877, No. 34. Debt by James W. Guthrie against William II. Lowry, on the record of a decree of the Chancery Court of Louisville, in the state of Kentucky.

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Error to the Court of Common Pleas of Clearfield county : Of May Term 1877, No. 34. Debt by James W. Guthrie against William II. Lowry, on the record of a decree of the Chancery Court of Louisville, in the state of Kentucky. Lowry, the defendant in this suit, filed a bill in equity in said Chancery Court in Kentucky and obtained an injunction against David W. Wilson and Frederick Turner, enjoining them from proceeding further in an action at law brought in the Circuit Court of Jefferson county in said state by Lowry against one George Dull, who was jointly sued with Wilson and Turner. The…

1Opinion of the CourtJustice Sharswood

Whatever doubts may have been at one time entertained and expressed, it is now an incontrovertible position that in an action upon a judgment of the court of a sister state the record may be contradicted by evidence of facts impeaching the jurisdiction of the court by which the judgment was rendered: Williamson v. Berry, 8 Howard 540; Thompson v. Whitman, 18 Wall. 457; Knowles v. Gas-light and Coke Company, 19 Id. 59; Hill v. Mendenhall, 21 Id. 453; Noble v. Thompson Oil Co., 29 P. F. Smith 354. But when a court has jurisdiction, it has a right to decide every question which occurs in the…

2Cases cited2 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828

3Cited by11 opinions

  1. Mitchell, Receiver of the Liberty Clay Products Co.Supreme Court of Pennsylvania · 1927
  2. Price v. SchaefferSupreme Court of Pennsylvania · 1894
  3. Stilwell v. SmithSupreme Court of Pennsylvania · 1907
  4. Brown v. HughesDistrict Court, M.D. Pennsylvania · 1955
  5. Hare v. O'BrienSupreme Court of Pennsylvania · 1912

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