Mink v. Shaffer

Citations

• 124 Pa. 280
• 16 A. 805
• 1889 Pa. LEXIS 1032

Syllabus

<p>(a) In an action of assumpsit, the plaintiff’s statement under the procedure act of May 25,1887, P. L. 271, averred that it was founded upon a judgment of the District Court of Benton county, Iowa, assigned to the use plaintiff, that a sum certain was still due thereon from the defendant, and referred to an annexed exemplification of the record of the judgment as a part thereof.</p> <p>(b) The exemplification showed a judgment with the names of the plaintiff and defendant and of the counsel appearing for each, the date of a trial and verdict, as also the date of the judgment on the verdict and its amount, and was certified by the clerk of the court, without authentication as required by act of Congress: 1 Rev. St. U. S., § 905.'</p> <p>1. The defendant filing no denial, either of the cause of action, of the jurisdiction of the Iowa court over his person or the subject-matter of the action, of the plaintiff’s identity, of his own identity with the defendant in the judgment, or of the authority of counsel to appear for him, the statement was sufficient to entitle plaintiff to judgment, though not setting out the nature oí the original action and that the Iowa court had the jurisdiction required, and though the exemplification was unauthenticated.</p>