2 Stew. 124 | Ala. | 1829
The bill of exceptions taken by the plaintiffs in the Court below, brings before this Court the transcript of the record on which the suit was brought, and presents for consideration a question of considerable magnitude; and which, in principle, is also involved in several other cases now- pending in this Court. The question relates to the effect of a judgment obtained in a sister State, against a defendant residing out of the same, and where there has been no personal service of the process. No objection is found to the sufficiency of the certificates, either of the clerk or presiding justice of the Court; but it is insisted, and was so adjudged below, that in legal acceptation, this is not a record on which a judgment can be rendered in this State.
It will he observed, that it is not in any way shewn that
This recovery appears to have been authorised by the ^aw ®tate’ anc^ tbc form pursued.
For a time the doctrine prevailed in ilie State of New York, that a judgment from a sister State was to be regarded as a foreign judgment; that it was only prima facie evidence of the debt, and that the defendant could plead nil dtbel to an action of debt brought upon it. The decisions however of other tribunals, appear to have yielded in a good degree to the paramount authority.
I concur however, in the view taken of the decision in Mills v. Duryee, by the Supreme Court of New York, in the case of Shumway v. Stillman,
The effect of these rules of decision is conceived to be, that where the proceedings appear to have been conducted conformably to the laws of the State in which they were had, defence for the want of jurisdiction in the Court, either over the subject matter in contest, or the person of the defendant, can only be made by special plea in bar; con
The plaintiffs consenting to abandon the interest, judgment is rendered for the amount of the judgment, on which the suit was brought.
Judgment reversed and rendered.
Cooke's R. 267, 464, 466. Scott's Revi. 1 vol. 703, 1171.
Armstrong vs. Carson's Ex'rs. 2 Dallas 302. Borden vs. Fitch 15 John. 121.
3 Whea. 234
4 Cowen 292.
1 Peters 636.