Wright v. Andrews
Massachusetts Supreme Judicial Court
Contract upon a judgment recovered by the plaintiff against the defendants in the Supreme Judicial Court of Maine. At the trial in the Superior Court, before Allen, J., without a jury, the plaintiff put in evidence a duly certified copy of the judgment declared on, by which it appeared that no personal service was made on the defendants, who were citizens .of this Commonwealth, but that an attachment of their property was made, and an order of notice to them duly published;…
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Contract upon a judgment recovered by the plaintiff against the defendants in the Supreme Judicial Court of Maine. At the trial in the Superior Court, before Allen, J., without a jury, the plaintiff put in evidence a duly certified copy of the judgment declared on, by which it appeared that no personal service was made on the defendants, who were citizens .of this Commonwealth, but that an attachment of their property was made, and an order of notice to them duly published; that thereupon the defendants appeared by attorney and answered to the action; and that judgment was entered for the…
1Opinion of the CourtGray, C. J.
The record of the judgment in Maine is only prima fade evidence of the jurisdiction of the court there over the defendants; and that record showing that they resided in this Commonwealth when sued, and were not served with process in Maine, it is open to them to prove that they did not appear, in person or by attorney, in the action in which the judgment was rendered. Carleton v. Bickford, 13 Gray, 591. Gilman v. Gilman, 126 Mass. 26.
The evidence offered at the trial was not sufficient in law to prove that the court in Maine had no jurisdiction over Oren Andrews. It was admitted that the…
2Cases cited2 opinions
- Gilman v. GilmanMassachusetts Supreme Judicial Court · 1878
- McDermott v. ClaryMassachusetts Supreme Judicial Court · 1871
3Cited by24 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Van Norman v. GordonMassachusetts Supreme Judicial Court · 1899
- Rothschild v. KnightMassachusetts Supreme Judicial Court · 1900
- Price v. SchaefferSupreme Court of Pennsylvania · 1894
- Gilbert v. SelleckSupreme Court of Connecticut · 1919
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