Barlow v. Marrone
Supreme Court of New Jersey
On appeal from the Essex Circuit Court. This was an action upon a judgment recovered in the Supreme Court of the State of New York against Joseph Marrone. At the trial in the Essex Circuit the plaintiff offered in evidence an exemplified copy of the judgment roll of the Supreme Court of New York and oral evidence as to the sum due thereon, and rested his, case.
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On appeal from the Essex Circuit Court. This was an action upon a judgment recovered in the Supreme Court of the State of New York against Joseph Marrone. At the trial in the Essex Circuit the plaintiff offered in evidence an exemplified copy of the judgment roll of the Supreme Court of New York and oral evidence as to the sum due thereon, and rested his, case. The defendant moved for a nonsnit upon the ground—first, that there was no proof that the said judgment would be evidence of the facts stated therein in the State of New York; second, that there was no proof that the defendant therein…
1Opinion of the Court
*188The opinion of the court was delivered by
Garrison, J.
The motion to nonsuit was properly denied. The evidence afforded by the exemplified copy of the judgment was prima facie proof of the facts therein stated that were essential to jurisdiction.
The recital that the summons was personally served raised a presumption of jurisdiction that called upon the defendant for proof, and the same is true of the identity arising from similarity of name. In an action on a record, identity of name is prima facie identity of person. Green v. Heritage, 63 N. J. L. 455.
In each of these respects the plaintiff’s…
2Cases cited2 opinions
- Shumway v. StillmanNew York Supreme Court · 1825
- Vail v. SmithNew York Supreme Court · 1825
3Cited by2 opinions
- State v. WyckoffNew Jersey Superior Court Appellate Division · 1953
- Patterson v. Consumers Roofing Co.Supreme Court of Minnesota · 1940