Edward Jaster v. Currie

• Decision Date: 24 April 1905
• Docket Number: No. 205,205
• Citation: 25 S.Ct. 614,198 U.S. 144,49 L.Ed. 988
• Parties: EDWARD JASTER, Senior, Plff. in Err. , v. F. M. CURRIE
• Court: U.S. Supreme Court

198 U.S. 144

25 S.Ct. 614

49 L.Ed. 988

EDWARD JASTER, Senior, Plff. in Err.,

v F. M. CURRIE.

No. 205.

Argued April 7, 10, 1905.

Decided April 24, 1905.

Messrs. O. A. Abbott and J. R. Webster for plaintiff in error.

[Argument of Counsel from pages 144-145 intentionally omitted] Messrs. E. J. Clements and Halleck F. Rose for defendant in error.

[Argument of Counsel from pages 145-146 intentionally omitted] Mr. Justice Holmes delivered the opinion of the court:

This is an action brought by the plaintiff in error in Nebraska upon a judgment recovered by him against the defendant in error in Ohio. To this the defendant pleads that the plaintiff had brought a previous action in Nebraska for the same cause, and afterwards served notice upon the defendant's attorney that the plaintiff's deposition would be taken in Ohio at a certain place on September 5, 1899, for use in the cause; that defendant was advised by his attorney to be present, and went to Chie for that purpose only; that the deposition was taken and the defendant then went to his father's house in the same county for the night of September 5, and that on September 8, in the early morning, being the earliest time convenient for leaving his father's for Nebraska, he took the train back. The writ in the Ohio suit was received and served on September 7. It is alleged that the notice to take the deposition was simply a ruse, and was given for the purpose of enticing the defendant into Ohio, and for no other reason. There was a motion to set aside the service in the Ohio court, which was overruled (66 Ohio St. 661, 65 N. E. 1127), but the defendant alleges that at that time he had not discovered what he styles the fraud perpetrated upon him. There was a general demurrer to this answer, which was overruled, and judgment was given for the defendant. This judgment was affirmed by the supreme court of Nebraska. (94 N. W. 995), and thereupon the case was brought here on the ground that due faith and credit had not been given to the Ohio record, as required by art 4, § 1, of the Constitution of the United States. Huntington v. Attrill, 146 U. S. 657, 36 L. ed. 1123, 13 Sup. Ct. Rep. 224; Jacobs v. Marks, 182 U. S. 583, 45 L. ed. 1241, 21 Sup. Ct. Rep. 865.

The supreme court of Nebraska affirmed the judgment on the ground that in that state the distinction between actions at law and suits in equity had been abolished, that the decision in Christmas v. Russell, 5 Wall. 290, 18 L. ed. 475, was limited to legal defenses (5 Wall. 304, 306, 18 L. ed. 479, 480), and that fraud would have been an equitable defense to the judgment in Ohio, and therefore was in Nebraska. We take up the question on this footing, without stopping to discuss the premises, which we find it unnecessary to do, and we will assume that, on general demurrer, a plea that the judgment was obtained by fraud would be a good equitable plea. See 5 Wall. 303, 18 L. ed. 479.

It is assumed that the service of the writ in Ohio would have been good but for the alleged fraud. Smythe v. Banks, 4 Dall. 329, 1 L. ed. 854, Fed. Cas. No. 13,134; Chaffee v. Jones, 19 Pick. 260. That point must have been decided by the Ohio courts. Moreover, the facts constituting the fraud are set forth and gain no new force from the vituperative epithet. If the inducement to enter the state of Ohio furnished by the notice to take a deposition there was made fraudulent by the motive with which the notice was given, then there was fraud; otherwise there was not. On the face of the answer fraud is simply the pleader's conclusion from the specific facts. The question is whether the motive alleged can have the effect supposed.

It will be observed that there was no misrepresentation, express or implied, with regard to anything, even the motives of the plaintiff. The parties were at...