Thomas v. Pendleton

Citations

• 1 S.D. 150
• 46 N.W. 180
• 1890 S.D. LEXIS 21

Syllabus

<p>1. A complaint upon a judgment alleged to have been recovered in the State of Pennsylvania, which contained a copy of the note and warrant oí attorney upon which the same was rendered, and from which it appears the judgment was rendered before the maturity of the note, in the absence of any allegation in the complaint of any law of that state authorizing the rendition of such a judgment, held to be insufficient to sustain an attachment issued upon an affidavit stating no grounds of the claim, except by referring to such complaint for the grounds of the same.</p> <p>2. The exemplified copy of a record of a judgment rendered in a Pennsylvania court of common pleas was as follows: “Copy of continuance docket entry, February term, 1889. [Title.] By virtue of a power of attorney, C. W. Tyler confesses judgment against them in favor of plaintiff for the sum of five hundred and seventy-seven and 50-100 dollars, with costs of suit, release of errors, and waiving exemptions and inquisition. Debt, $577.50. Interest from June 11, 1889. Judgment. A. B. Edson, Pro. Due June 11,1889. Filed and entered May 8. 1889. A. B. EDSON, Pro.,” — with declaration and judgment docket entry of names of the parties, date and amount of judgment. Held, that such a record, in the absence of proof of any law of Pennsylvania authorizing an entry of judgment on anote before due, and explaining the meaning of such a record, is insufficient to maintain an action on such alleged judg'ment, and therefore it does not show tne grounds of plaintiff’s claim to be sufficient to sustain an attachment issued in the case.</p> <p>3. Held that, in the absence of any allegation or proof on the subject, this court will presume that the laws of the State of Pennsylvania are the same as the laws of this state.</p> <p>(Syllabus by the court.</p>