Bimeler v. Dawson

Citations

• 5 Scam. 535

Syllabus

<p>Error to Brown.</p> <p>1. Action — on personal judgment. The judgments in personam of one country can be enforced by suit in the judicial tribunals of another country.</p> <p>2. Foreign judgment — impeachable. A foreign judgment is to be received as prima facie evidence of indebtedness, and the defendant is allowed to impeach the justice of it, or to show that it was unduly or irregularly obtained.</p> <p>3. Same — for causes. Under the constitution and laws of the United States the records and judicial proceedings of the several states have such faith and credit given them in every court in the United States as they have by law or usage in the courts of the state from whence taken, or where rendered, (a) If a judgment in personam is conclusive in the courts of the stale where rendered it has the same conclusive effect when sued in the courts of a different state ; but the defendant may impeach the judgment by showing that it was fraudulently obtained, or that the couit rendering it had no jurisdiction of the person of the defendant or of the subject matter of the suit, (b) </p> <p>4. Same — when. Where the record of a court of general jurisdiction shows either</p> <p>5. Same — presumptions. Where the exemplification of the record of a judgment rendered in the court of common pleas of Ohio showed that process was served upon the defendant, by leaving a copy of the summons at his residence, and the defendant, in an action upon the judgment, pleaded that he was not personally served with process and had no notice of the pendency of the suit in which the judgment was rendered, and issue was taken upon the fact of notice: Held, that the presump'tion from the record was that the defendant was a citizen of Ohio when the judgment was rendered, and that the court had jurisdiction, and that its proceedings were in conformity with the laws of that state, and the judgment valid; but that the record was not conclusive, but only prima facie evidence of the jurisdiction of the