Harper v. Cunningham
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment in a proceeding by sci. fa. to revive a judgment. The Court in its opinion stated the case as follows : On June 1, 1878, Stephen V. Harper, the appellant, filed a declaration in the Supreme Court of the District against Samuel T. Brown and William Cunningham, trading as Brown & Cunningham, to recover the sum of $149.10, for services performed as pilot on a steam canal boat.
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Hearing on an appeal by the plaintiff from a judgment in a proceeding by sci. fa. to revive a judgment. The Court in its opinion stated the case as follows : On June 1, 1878, Stephen V. Harper, the appellant, filed a declaration in the Supreme Court of the District against Samuel T. Brown and William Cunningham, trading as Brown & Cunningham, to recover the sum of $149.10, for services performed as pilot on a steam canal boat. The record does not show any service of process in this suit upon either Brown or Cunningham, but the following warrant of attorney to Joseph J. Waters to confess…
1Opinion of the CourtJustice Shepard
The questions presented by the plea of nul tiel record are: 1. Is the record valid upon its face? 2. Did the court have jurisdiction ? The plea put in issue simply the fact of the existence of the record, and was met by its production. “ Defects appearing on the face of the record may be taken advantage of upon its production under a plea of nul tiel record; but those which require extrinsic evidence to make them apparent must be formally alleged before they can he proven. This we believe to be in accordance with the practice of all courts in which such defenses have been allowed, and it is…
2Cases cited10 opinions
- Hall v. LanningSupreme Court of the United States · 1875
- State v. StollSupreme Court of the United States · 1873
- Hill v. MendenhallSupreme Court of the United States · 1875
- Henck v. TodhunterCourt of Appeals of Maryland · 1826
- Munnikuyson's Adm'x. v. Dorsett's Adm'x.Court of Appeals of Maryland · 1828
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