Splane v. Splane

Citations

• 29 Pa. Super. 185
• 1905 Pa. Super. LEXIS 290

Syllabus

<p>Judgment — Foreign judgment — Sheriff’s return — Parol evidence — Conflict of laws.</p> <p>Where it appears that under the laws of California a sheriff’s return is only prima facie' evidence of the facts therein contained, such return may be attacked in Pennsylvania by parol evidence.</p> <p>Where a sheriff’s return in a foreign judgment is attacked by the testimony of the defendant alone, and this in itself is contradictory in character and is flatly and circumstantially contradicted by the deputy who served the process, and it also appears that the defendant ignored the summons, although alleged to have been defectively served, and permitted the judgment to stand for more than a year, and a record thereof to be brought to Pennsylvania, the evidence will be deemed insufficient as a defense in a suit upon the foreign judgment.</p> <p>Conflict of laws — Husband and wife — Foreign judgment.</p> <p>Where in an action upon a foreign judgment recovered by a husband against a wife, it appears that under the laws of the state in which the judgment was recovered, the judgment was valid, it is not necessary to set forth in the statement' in the suit in Pennsylvania the grounds upon which a husband is allowed to sue his wife in Pennsylvania.</p>