Smith v. . Gordon

The two determinative questions of law presented by the record are:

1. What is the effect of the distress judgment rendered in West Virginia in September, 1926?

2. Do the letters written by the defendant prevent the bar of the statute of limitations?

The West Virginia judgment, upon its face, is a proceeding in rem in the nature of an attachment and was obtained without personal service upon the defendant. Such a judgment “is conclusive evidence that the debt sued on was due to the plaintiff in it, to the value of the property attached, but of nothing more.” Peebles v. Patapsco Guano Co., 77 N.…