Roberts v. Caldwell

• Decision Date: 14 October 1837
• Citation: Roberts v. Caldwell, 35 Ky. 512 (Ky. Ct. App. 1837)
• Parties: Roberts v. Caldwell.
• Court: Kentucky Court of Appeals

35 Ky. 512

Roberts v. Caldwell.

Court of Appeals of Kentucky.

October 14, 1837

FROM THE CIRCUIT COURT FOR CHRISTIAN COUNTY.

Mr. J T. Morehead for plaintiff.

Messrs Fry and Page for defendant.

OPINION

ROBERTSON CHIEF JUSTICE.

This is an action of debt on a judgment of Tennessee; and the declaration being good, and the record from Tennessee substantially corresponding with and sustaining it--the only question to be considered, is whether the Circuit Court erred in sustaining a demurrer to a plea denying that the defendant had either appeared, or been cited to appear, to the suit in which the judgment now sued on was rendered.

A judg't of another state, rendered when the def't had not appeared, nor been cited, must be deemed void here, for want of jurisdiction in the court that rendered it. But--

A recital in the record of a judg't, that the parties appeared by their counsel, must be accredited, is conclusive and can not be denied by plea, nor disproved by other evidence; a demurrer to such a plea must be sustained.

If there was no such notice or appearance, the judgment should here be deemed void for want of jurisdiction in the Court...