Grover & Baker Sewing MacHine Co. v. Radcliffe
Citations
- 137 U.S. 287
- 11 S. Ct. 92
- 34 L. Ed. 670
- 1890 U.S. LEXIS 2088
Syllabus
<p>Domicil generally determines the particular territorial jurisprudence to wbicb the individual is subjected.</p> <p>Although a judgment in one State against a citizen of another State, may be held valid under local laws by the courts of the former, the courts of the latter are not bound to sustain it, if it would be invalid but for the special laws of the State where rendered.</p> <p>B., a citizen of Maryland, having executed a bond, containing .a warrant authorizing any attorney of any court of record in the State of New York or any other State, to confess judgment for the penalty, and judgment having been entered against him in- Pennsylvania by a prothonotary</p> <p>without service of process, or appearance in person or by attorney, under a local law permitting that to be done, Held;</p> <p>(1) That in a suit upon this judgment in Maryland, the courts of Maryland were not bound to hold the judgment as obligatory either on the ground of comity or of duty, contrary to the laws and policy of their own State.</p> <p>(2) B. could not properly be presumptively held to knowledge and acceptance of particular laws of Pennsylvania or of all the States other than his own, allowing that to be done which was not authorized by the terms of the instrument he had executed.</p>
Judges: Fuller
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