Bruckman v. Taussig
| Decision Date | 01 November 1884 |
| Citation | 5 P. 152,7 Colo. 561 |
| Parties | BRUCKMAN v. TAUSSIG. |
| Court | Colorado Supreme Court |
Appeal from county court of Lake county.
Thos. George, for appellant.
Geo. H. Kohn, for appellee.
Action upon a judgment of the circuit court of the Eighth judicial circuit of the state of Missouri. Errors are assigned because the complaint failed to state facts in support of the jurisdiction of the Missouri court, and because such facts were not proved at the trial; because the book purporting to contain the statutes of the state of Missouri was received in evidence without proper authentication; and because interest was allowed on the Missouri judgment. The complaint alleges that plaintiff, the appellee here recovered judgment against the defendant in the circuit court at the city of St. Louis, in the state of Missouri, 'a court of general jurisdiction,' on the tenth day of May 1880, for $399.18, and that no part of the same had been paid.
The approved precedents of declarations upon judgments state the date or term of the court at which the judgment was recovered, the court in which and the place where it was rendered, and the amount which, by the consideration of the court, the plaintiff has recovered. Freem. Judgm. § 450. It is an elementary rule that the jurisdiction of courts of general jurisdiction is to be presumed, and it follows that the judgments and decrees of such courts are, in all cases, of at least prima facie validity. In asserting such a judgment or decree as a cause of action, or as a ground of defense, the pleader need state no jurisdictional facts. 'It was long ago settled that, in pleading a judgment, it is unnecessary to show by averment that the court had jurisdiction.' Id. § 452. Indeed, this doctrine is expressly embodied in our own statute. Civil Code 1883, § 69. And the presumptions in favor of jurisdiction are the same, whether the judgment relied on is domestic, foreign, or one of the sister states of this Union. If the court had no jurisdiction, that fact should be raised by defendant's plea. Id. § 453.
The transcript of the Missouri judgment received in evidence on the trial was duly authenticated, and proved all the jurisdictional facts necessary to be shown on the part of plaintiff below.
In respect to the volume from which was read in evidence the law establishing the said circuit court of Missouri, and conferring thereon general jurisdiction, the bill of...
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Lieber v. Lieber
...text, many cases are cited from numerous states, as well as from the federal courts and courts of foreign countries. In Bruckman v. Taussig, 7 Colo. 561, 5 Pac. 152, the court said: "The presumptions in favor of jurisdiction are the same whether the judgment relied on is domestic, foreign, ......
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Lieber v. Lieber
...text, many cases are cited from numerous States, as well as from the Federal courts, and courts of foreign countries. In Bruckman v. Taussig, 7 Colo. 561, 5 P. 152, the said: "The presumptions in favor of jurisdiction are the same whether the judgment relied on is domestic, foreign, or of o......
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Danforth v. Danforth
...of the judgment, unless the reply specifically admit certain jurisdictional facts. Etz v. Wheeler, 23 Mo.App. 449; Bruckman v. Taussig, 7 Colo. 561, 5 P. 152; Abb. Trial Brief (2d Ed.) § 339; Graggoo v. 9 Ind. 212; Archer v. Romaine, 14 Wis. 375. See, also, Phelps v. Duffy, 11 Nev. 80, 85. ......
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Rutenic v. Hamakar
... ... confer jurisdiction will be presumed in order to support the ... validity of the judgment. Bruckman v. Taussig, 7 Colo ... 561, 5 P. 152; Pennington v. Gibson, 16 How. 65, 14 ... L.Ed. 847; Springsteene v. Gillett, 30 Hun, 260; ... ...