Legal Opinion

Jaster v. Currie

Supreme Court of the United States

Decided April 24, 1905No. 205PublishedCited by 17 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. The facts are stated in the opinion. Whether one State has given full faith and credit to the judgment of another State is always a Federal question and this court has jurisdiction to review such judgment where the question appears from the record. Huntington v. Attrill, 146 U. S. 657. The Nebraska courts have held this Ohio judgment void and refused to enforce it.

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ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. The facts are stated in the opinion. Whether one State has given full faith and credit to the judgment of another State is always a Federal question and this court has jurisdiction to review such judgment where the question appears from the record. Huntington v. Attrill, 146 U. S. 657. The Nebraska courts have held this Ohio judgment void and refused to enforce it. Anderson v. Anderson, 8 Ohio St. 109, held that fraud in procuring a judgment in a sister State was no defense when that judgment was sued on in Ohio. The Ohio judgment was not…

1Opinion of the CourtJustice Holmes

This is an action brought by the plaintiff in error in Nebraska upon a judgment recovered by him against the defendant in, error in Ohio? To this the defendant pleads that the plaintiff had brought a previous action in Nebraska for the same cause and afterwards served notice upon the defendant’s attorney that the plaintiff’s deposition would be taken in Ohio at a certain place on September 5, 1899, for use in the cause; that defendant was advised by his attorney to be present and went to Ohio for that purpose only; that the deposition was taken and the defendant then went to his father’s…

2Cases cited7 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  2. Huntington v. AttrillSupreme Court of the United States · 1892
  3. Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
  4. Christmas v. RussellSupreme Court of the United States · 1866
  5. Jacobs v. MarksSupreme Court of the United States · 1901

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3Cited by17 opinions

  1. Klaiber v. FrankSupreme Court of New Jersey · 1952
  2. Margos v. MoroudasCourt of Appeals of Maryland · 1945
  3. Wyman v. NewhouseCourt of Appeals for the Second Circuit · 1937
  4. Jaster v. CurrieSupreme Court of the United States · 1905
  5. Schwarz v. Artcraft Silk Hosiery Mills, Inc.Court of Appeals for the Second Circuit · 1940

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