Legal Opinion

Stone v. Myers

Supreme Court of Minnesota

Decided July 15, 1864PublishedCited by 16 opinions

APPEAL PROM THE DISTRICT COURT OE SCOTT COUNTY. .Tbis was an equitable action, commenced in the Court below, 'by the Respondent against the Appellants; the following is a statement of the substance of the pleadings: The Plaintiff alleges that, on the 16th December, 1868, the Defendant, Jacob Myers, executed and delivered to Plaintiff a bond conditioned in the sum of $1,600 for the conveyance of certain real estate, upon the payment of the sum of $1,000 upon demand.

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APPEAL PROM THE DISTRICT COURT OE SCOTT COUNTY. .Tbis was an equitable action, commenced in the Court below, 'by the Respondent against the Appellants; the following is a statement of the substance of the pleadings: The Plaintiff alleges that, on the 16th December, 1868, the Defendant, Jacob Myers, executed and delivered to Plaintiff a bond conditioned in the sum of $1,600 for the conveyance of certain real estate, upon the payment of the sum of $1,000 upon demand. That, at different times after date of said bond, the Plaintiff had demanded the conveyance of said premises upon performance of…

1Opinion of the Court

By the Court

Emmett, C. J.

Whether the Defendant Jacob Myers had property in the State to give the Court jurisdiction in the action mentioned in the complaint, wherein the Plaintiff recovered a judgment against him, is not a question that can be raised in this collateral way. We regard the fact of the judgment having been so rendered, as conclusive upon that question except in a direct proceeding in the action itself for relief. But even in this view, the question is of no practical importance to a non-resident Defendant, against whom judgment has been rendered, in any case in which the Court…

2Cited by16 opinions

  1. American Surety Co. of NY v. MarottaSupreme Court of the United States · 1933
  2. May v. Getty.Supreme Court of North Carolina · 1905
  3. Coleman v. HageySupreme Court of Missouri · 1913
  4. Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
  5. Sallaske v. FletcherWashington Supreme Court · 1913

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