Kingsbury v. Yniestra
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. The facts sufficiently appear in the opinion. 1. The main question presented is, whether the defendant had the right to plead, and prove that he had no notice of the suit in Florida, and. that he never appeared in person or by attorney, and that the persons pretending to act for him as attorneys in Florida had no authority to appear for him.
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Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. The facts sufficiently appear in the opinion. 1. The main question presented is, whether the defendant had the right to plead, and prove that he had no notice of the suit in Florida, and. that he never appeared in person or by attorney, and that the persons pretending to act for him as attorneys in Florida had no authority to appear for him. It is admitted that the decisions in the State courts on this subject are contradictory. But the Supreme Court of the United States, in the case of’ Thompson v. Whitman, 18…
1Opinion of the Court
MANNING, J.—
The principal question presented in the cause, is whether or not a defendant sued here upon a judgment recovered against him in a court of record in another State, in which it is recited that he was served with process, or appears by attorney, may controvert such recital and allege and show that he was not served with process, was not in any manner brought into court, had not submitted himself to its jurisdiction, or appeared therein, by attorney, or otherwise. The question arises under the clause in the Constitution of the United States which declares that—“ Full faith and credit…
2Cases cited1 opinion
- Thompson v. WhitmanSupreme Court of the United States · 1874
3Cited by16 opinions
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
- Semple v. GlennSupreme Court of Alabama · 1890
- Collier v. FalkSupreme Court of Alabama · 1880
- Crimm v. CrimmSupreme Court of Alabama · 1924
- Ex Parte Textile Workers Union of AmericaSupreme Court of Alabama · 1947
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