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46 Mich. 320

Campbell v. Wallace

Michigan Supreme Court

Decided June 22, 1881

Michigan Supreme Court · decided 1881-06-22

<p>Justices’ cow'ts — OeHified tianscript — Identity of defendant.</p> <p>A properly certified transcript of a justice’s judgment rendered in another State on personal service and appearance, is sufficient evidence of the justice’s jurisdiction. Oomp. Laws § 5988.</p> <p>The identity of a person sued on a transcript of a foreign judgment may he presumed if his full name is identical with that of the party against whom it was recovered.</p>

Relies on Bennett v. Libhart

Cited in Bouvier (1914)’s definition of “Identity”

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1881-06-22

How this case has been cited

Cited by 7 later decisions — most recently October 1949

7 state decisions

401881189019001910192019301940decided

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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Cooley, J.

¶1The assignments of error in this case are frivolous. The suit was brought upon a judgment rendered by a justice of the peace in the State of Illinois, and the transcript showed personal service and a personal appearance. The objections to a recovery upon the judgment there rendered are — Ewst, that no proof is given of the identity of the party now sued with the party sued in Illinois; and second, that the laws of Illinois are not put in *321evidence to show that the justice in that State had jurisdiction of the case. The first finds no support in Bennett v. Libhart 27 Mich. 489, to which our attention was called, for the name of the party sued here was identical with that of the party against whom the judgment was recovered,, which was not the case there. The second is answered by the statute, Comp. L. § 5933, which makes the transcript: properly certified sufficient evidence. No defect was pointed* out in the certificates here.

¶2The judgment must be affirmed with costs.

The other Justices concurred.
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