Noyes v. Butler
New York Supreme Court
This was an action of debt, brought upon a judgment rendered by the court of common pleas of Merrimack county, New Hampshire. The defendant pleaded that he did not reside in New Hampshire at the time, and was not served with process in the suit; had no notice thereof, and did not appear in the action, &c. The plaintiff replied that the defendant appeared, &c. The cause was tried at the Essex circuit, in October, 1848, by Justice Parker, without a jury.
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This was an action of debt, brought upon a judgment rendered by the court of common pleas of Merrimack county, New Hampshire. The defendant pleaded that he did not reside in New Hampshire at the time, and was not served with process in the suit; had no notice thereof, and did not appear in the action, &c. The plaintiff replied that the defendant appeared, &c. The cause was tried at the Essex circuit, in October, 1848, by Justice Parker, without a jury. The plaintiff introduced in evidence the exemplification of the record of a judgment recovered in the court of common pleas of Merrimack…
1Opinion of the Court
By the Court, Paige, P. J.
It has been repeatedly decided by the supreme court of this state, that a judgment of a court of a sister state is not conclusive upon the parties, and has no binding effect in this state, unless the court had jurisdiction both of the subject matter of the suit, and of the person of the defendant. The want of jurisdiction is a matter which may always be set up against a judgment when sought to be enforced, or where any benefit is claimed under it. The want of jurisdiction makes the judgment utterly void, and unavailable for any purpose. (Borden v. Fitch, 15 John.…
2Cases cited8 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
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- Pawling v. WillsonNew York Supreme Court · 1816
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3Cited by32 opinions
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