Sammis v. James

Citations

• 31 Fla. 10

Syllabus

<p>1. A demurrer to pleas to a declaration was filed, and two days after a new count was added to the declaration, and seven days later the demurrer was heard. Held, that the pleas stood to-the new count, and that the demurrer was applicable to them as standing in that relation. Section 98, p. 834, McClellan’s Digest.</p> <p>2. Where a final judgment has been recovered in a court of one of the states of the Union, and an action is brought thereon in a court of a sister state, the question of the former tribunal’s jurisdiction of the person sued, is open to inquiry and adjudication in the latter court; but where the former court has acquired jurisdiction of the person of the defendant in judgment its adjudication of the merits of a controversy, of which it also had jurisdiction, is conclusive upon the latter court.</p> <p>3. Where a party sued in one state on judgment obtained against him in a sister state undertakes to question the jurisdiction of the court of the latter state over him, his plea must negative by certain and positive averments, every fact upon which such jurisdiction can be legally predicated. If by any reasonable intendment the facts alleged in the plea can exist, and the court rendering the judgment could still have had jurisdiction, the plea is bad.</p> <p>4. A plea to an action on a judgment obtained in a sister state, which sets up that there was no service of summons on the defendant in the action resulting in such judgment, is bad, as it does not exclude the idea or fact that he may have appeared in that action. This is not the case, however, where the declaration shows than the court in which the judgment sued on was rendered, obtained jurisdiction solely by service of summons.</p> <p>5. Allegations in a plea that a defendant sued in one state on a judgment obtained in a court of a sister state, did not have his day m the latter court, or that the latter court did not have jurisdiction of him, are mere conclusions of law, and bad in substance