Drake v. Granger

Citations

• 22 Fla. 348

Syllabus

<p>1. A judgment of a court of record valid under the laws of the State where recorded is valid here.</p> <p>2. A plea to an action on a judgment of another State that the debt for which such judgment was rendered had been paid is a defence existing anterior to said judgment, and on motion should he stricken from the record.</p> <p>3. When a suit is brought in the courts of this State upon a judgment rendered in another State, the defendant can plead in bar that the court in which such judgment was recovered never acquired jurisdiction of his person.</p> <p>4. A transcript of the proceedings and judgment in a suit in the Superior Court of Massachusetts, which does not show that a summons to the defendant to appear was ever issued, or that the defendant appeared in person or by attorney to said suit, is inadmissible in evidence against the defendant named therein.</p> <p>5. A return by the sheriff, on another paper in the cause, that he had served a summons on the defendant, no summons appearing in the transcript, is sufficient to authorize the conclusion that such summons in fact existed or was served.</p>