This action is brought upon a judgment recovered in the Superior Court of the County of Suffolk, State of Massachusetts, on the 18th February, 1856, for $293 79/100.

The answer (so far as it is material to state its contents) avers that the judgment on which this action is brought, was recovered on a previous judgment, purporting to have been rendered in favor of this plaintiff against the defendant at a Court of Common Pleas held at Boston, in and for said County of Suffolk, on the 4th of April, 1848, for the record of which shows a declaration

against the defendant, Hackett, and one Eord,' as joint debtors; that the-action was commenced at the previous July Term of the said Common Pleas, “ when and where said Ford appeared, and a Deputy Sheriff of Suffolk returned, that he left a summons at the last usual place of abode of said Hackett, and thence the action was continued from term to term to the present (April) term, and now the plaintiff discontinues against Ford, on the ground of his insolvency, and said Hackett, though called to come into court, does not appear, but makes default. It is, therefore, considered by the Court that the said Rocco recover of the said Hackett the sum of $U7xinr damages, and $56x2^- costs of suit.”

The answer in this present action proceeds to deny that there was any thing due to the plaintiff from this defendant alone, or with Thomas Ford; and avers that he never was a resident, inhabitant, or .citizen of the State of Massachusetts. ■ That before the commencement of that action, (in the Common Pleas,.) and up to the said judgment, he was not within the jurisdiction of Massachusetts, but was before, and at the time mentioned, and ever since, a resident, inhabitant, and citizen of the City, County and State of New York;, was never served with any writ, process, or summons in, or notice of the said action, and never appeared therein by attorney or otherwise, and had no notice thereof until the action was commenced thereon, -which resulted in the judgment referred to in the complaint in this action. That in the action in the Superior Court, he was, by the'laws of Massachusetts, prevented and precluded from setting up any defence to the ' action in which such judgment in the Common Pleas was rendered, and such judgment was .declared to be legal and valid, and of the same force and effect as if- the defendant had been personally served, or had appeared and defended the same, and he, the defendant, has never had an opportunity of being heard in or defending said action on the merits thereof.

That the said Court of Common Pleas never had any jurisdibtion of this defendant, nor of the subject of the action, and the said Superior Court acquired no other or further jurisdiction, and both judgments are fraudulent and void.

The action was brought to trial on the 16th of June, 1857, before Chief-Justice Duer and a jury, and the plaintiff gave in evidence a record of a judgment of which the following is a copy :—

“ Judgment.

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