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Campbell v. Wallace

Bartley Campbell v. Frank K. Wallace

Campbell v. Wallace, 9 N.W. 432 (Mich. 1881)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 22, 1881
Judges
Cooley, Other
Citations
9 N.W. 43246 Mich. 3201881 Mich. LEXIS 582
Disposition
Affirmed.
Headnotes
Justices’ cow'ts — OeHified tianscript — Identity of defendant. A properly certified transcript of a justice’s judgment rendered in another State on personal service and appearance, is sufficient evidence of the justice’s jurisdiction. Oomp. Laws § 5988. The identity of a person sued on a transcript of a foreign judgment may he presumed if his full name is identical with that of the party against whom it was recovered.
Summary
Error to Wayne. Certiorari to a justice to bring up proceedings in a suit upon a transcript of judgment. Defendant brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cooley

Text extracted by OCR from a scanned original; check the original for exact wording.

Cooley, J.

The assignments of error in this case are frivolous. The suit was brought upon a judgment rendered by a justice of the peace in the State of Illinois, and the transcript showed personal service and a personal appearance. The objections to a recovery upon the judgment there rendered are — Ewst, that no proof is given of the identity of the party now sued with the party sued in Illinois; and second, that the laws of Illinois are not put in *321 evidence to show that the justice in that State had jurisdiction of the case. The first finds no support in Bennett v. Libhart 27 Mich. 489 , to which our attention was called, for the name of the party sued here was identical with that of the party against whom the judgment was recovered,, which was not the case there. The second is answered by the statute, Comp. L. § 5933, which makes the transcript: properly certified sufficient evidence. No defect was pointed* out in the certificates here.

The judgment must be affirmed with costs.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1891: 11892: 11897: 11899: 11906: 11910: 11940: 11949: 118912026peak 1891 · 1

Relies on it most ⓘ

  1. State v. Smith106 N.W. 187 (Iowa 1906) · Dissent
  2. Bryan v. Kales31 P. 517 (Ariz. 1892)
  3. Koehne v. Price68 A.2d 806 (D.C. 1949)
  4. Patterson v. Consumers Roofing Co.295 N.W. 401 (Minn. 1940)
  5. Trombley v. Stevens-Duryea Co.92 N.E. 764 (Mass. 1910)
  6. Dunn v. State79 N.W. 719 (Neb. 1899)

Most recent

  1. Koehne v. Price68 A.2d 806 (D.C. 1949)
  2. Patterson v. Consumers Roofing Co.295 N.W. 401 (Minn. 1940)
  3. Trombley v. Stevens-Duryea Co.92 N.E. 764 (Mass. 1910)
  4. State v. Smith106 N.W. 187 (Iowa 1906) · Dissent
  5. Dunn v. State79 N.W. 719 (Neb. 1899)
  6. Bayha, Barber, & List v. Mumford49 P. 601 (Kan. 1897)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Bennett v. Libhart, 27 Mich. 489 (1873) 4

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