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12 Mass. 24

Jacobs v. Hull

Massachusetts Supreme Judicial Court · decided 1815-03-15

[* 25] *This was an action of debt upon a judgment recovered in the State of Vermont in February, 1806. The defendant pleaded four several pleas in bar. The second plea alleges, that, when the process in Vermont was served on him, and when the judgment was rendered, he was an inhabitant of Newton, in the county of Middlesex, and Commonwealth of Massachu setts, and not an inhabitant of any place in the State of Vermont.

Relies on Barney v. Patterson's Lessee

Good law ✅— No negative treatment on recordhow we know

Decided 1815-03-15

How this case has been cited

Cited by 5 later decisions — most recently September 1878

5 state decisions

201815182018301840185018601870decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Issues to the country being joined on all the pleas except the second, we have only to decide on the plaintiff’s replication to that plea, to which the defendant has demurred, and the plaintiff has joined in the demurrer.

¶2The legal merits of this replication have been settled, after full deliberation, in the case of Bissell vs. Briggs.(1)

¶3It is there decided, that, if the Court of another State, which has rendered judgment against a citizen of this State, had jurisdiction over the subject, such judgment bound the citizen ; and he would not be permitted to look into the transaction, in order to show that such judgment ought not to have been rendered.

¶4The replication in this case alleges that Hull, the judgment debtor, was resident within the State of Vermont when the process [*26] commenced, and that he continued so resident * until the judgment; that he had personal notice of the suit, and voluntarily submitted himself to the jurisdiction of the Court. This we think a sufficient answer to the matter contained in the bar; which is substantially nothing more than that Hull was a citizen of Massachusetts, and so not within the jurisdiction of the Court.

¶5Replication adjudged good.

¶69 Mass. Rep. 462.

¶7 Vide note to Bissel vs. Briggs, 9 Mass. Rep. 454, 3d ed. Elliot vs. Piersall, 1 Peters, 328. — Taylor & al. vs. Phelps, 1 Har, & G. 492. — Barney vs. Patterson’s lessee, 6 H. & J. 182. — Cotton vs. Cotton, 4 Rand, 192. — Wright vs Deklyne, 1 Peters’ C. C. 199. — Stark vs. Woodward, 1 Nott & M. 329. — Hopkins vs. Lee, 6 Wh. 109. — Greene vs. Sarmiento, 3 Wash. C. C. R. 17. — 1 Brown R., Appendix, 30. — 1 Peters, 74.— Field vs. Gibbs, 1 Peters’ R. 155.

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