Kittredge v. Martin

• Decision Date: 31 March 1886
• Citation: 141 Mass. 410,6 N.E. 95
• Parties: KITTREDGE v. MARTIN.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

141 Mass. 410

6 N.E. 95

KITTREDGE v. MARTIN.

Supreme Judicial Court of Massachusetts, Suffolk.

March 31, 1886

COUNSEL

W.I. Badger, for defendant.

The court had no jurisdiction in the original action over the principal defendant which authorized it to enter judgment against him, because--First, the defendant was not, and had not been, an inhabitant of this commonwealth at the time of the service of the writ; second, no service was had upon him; third, there was no effectual attachment of the goods, estate, or effects of the defendant.

Chas. Cowley, for plaintiff.

OPINION

W. ALLEN, J.

All the grounds upon which the defendant objects to the validity of the judgment upon which the action is brought are proper matter to be assigned for error in a writ of error upon the judgment; and are not matter to be averred and proved in defense of an action upon a domestic judgment. The precise point is decided in McCormick v. Fiske, 138 Mass. 379, which cannot be distinguished from the case at bar. Exceptions overruled.