Aultman, Miller & Co. v. Mills

Citations

• 9 Wash. 68
• 36 P. 1046
• 1894 Wash. LEXIS 258

Syllabus

<p>FOREIGN JUDGMENT — ACTION ON —PLEADING —WEIGHT OF TESTIMONY.</p> <p>In an action on a judgment recovered in a sister state, want of jurisdiction may be shown by the defendant, even to the extent of contradicting express recitals in the judgment record of such sister state.</p> <p>In such an action, where the complaint alleges that the judgment was rendered upon complaint and summons duly and personally served upon the defendant, an answer sufficiently alleges want of jurisdiction when it denies “that said or any valid judgment was duly rendered against him in favor of plaintiff in said amount, or in any amount whatsoever, upon summons, complaint or otherwise, and denies that said complaint or summons, or any complaint or summons, was personally or in any manner served on him, or that he had any notice thereof, or that he ever appeared in such action or authorized any one to appear for him.” (Hoyt, J., dissents.)</p> <p>In such an action, the verdict of the jury in favor of defendant will not be disturbed, although the only evidence supporting the verdict is the uncontradicted testimony of the defendant denying the verity of the record.</p>