Campbell v. Wallace

• Citation: 46 Mich. 320,9 N.W. 432
• Court: Supreme Court of Michigan
• Decision Date: 23 June 1881
• Parties: CAMPBELL v. WALLACE.

9 N.W. 432

46 Mich. 320

CAMPBELL v. WALLACE.

Supreme Court of Michigan

June 23, 1881

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. Comp.Laws, � 5933. The identity of a person sued on a transcript of a foreign judgment may be presumed if his full name is identical with that of the party against whom it was recovered.

Error to Wayne.

Charles E. Miller, for plaintiff in error.

Douglass & Bowen, for defendant in error.

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-- First, 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 evidence to show that the justice in that state had jurisdiction of the case. The first finds no support in Bennett v. Libbact, 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.Laws, � 5933) which makes the transcript properly certified sufficient evidence. No defect was pointed out in the certificate here.

The judgment must be affirmed with costs.

(The other justices concurred.)