Van Miller v. Hutchins

This case originated as an action in debt on a foreign judgment. Defendant Lyford Hutchins appeals the trial court’s dismissal of his counterclaim. We reverse and remand.

Plaintiff N. Van Miller, a Virginia resident, sought to recover a California judgment against the defendants, Mr. and Mrs. Lyford Hutchins, New Hampshire residents. The defendants, appearing pro se, filed an answer denying the validity of the foreign judgment and pleading lack of jurisdiction, statute of limitations, and the federal “Soldiers and Sailors Relief Act.” Defendant Lyford Hutchins then counterclaimed, alleging…