Goodrich v. Jenkins
Goodrich v. Jenkins
Opinion of the Court
It has been repeatedly decided in this state that judgments recovered in a sister state, where the defendant had day in court, are to be received as conclusive evidence, and that no examination of their grounds can be permitted. 1 O. R. 260; 5 O. R. 547. The declaration is upon a judgment for $2000. The pleas do not state that the judgment was ex parte, and so lay any foundation for looking back of the judgment. But it is said, the judgment is void because the suit was upon a penal bond with a condition, and no breaches were assigned under the statute. Non constat that the suit in New York was on a bond with a condition. The declaration there is upon a bond, and, as it appears, a single bill. The defendant did not set out the condition, and it forms no part of the record; if then, it were conceded that in a proper case, you might take advantage 'of the.irregularity o'f judgments, this case does, not open the door for applying the rule. But that cannot be done, surely not if the judgment is conclusive. The want of jurisdiction of the sub
Judgment for the plaintiff.
Reference
- Full Case Name
- GOODRICH v. JENKINS
- Status
- Published