James Nations and Joseph Nations, Plaintiffs in Error v. Nancy Ann Johnson and James Johnson Book Reviews

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United States Supreme Court
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James Nations and Joseph Nations, Plaintiffs in Error v. Nancy Ann Johnson and James Johnson by United States Supreme Court Book Summary

Mr. Paschal commenced his argument by stating it as a general principle, that a judgment obtained by publication and without personal service cannot be the foundation of an action in another State, nor, indeed, in the State where the suit is brought; that all suits are either in personam or in rem; that when in personam, there must be personal service to give jurisdiction; when in rem, the remedy is exhausted when the res is disposed of. Amongst other authorities, he cited 3 Howard, 336, and 11 Howard, 437. He then considered the effect of the statute of Mississippi, which he said did not change the principle. When the suit was dismissed, it was a final judgment, a discharge of the defendants, who had no longer a day in court. A writ of error is an original writ. 2 Tidd's Practice, 1134.

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Book Name James Nations and Joseph Nations, Plaintiffs in Error v. Nancy Ann Johnson and James Johnson
Genre Law
Published
Language English
E-Book Size 77.11 KB

James Nations and Joseph Nations, Plaintiffs in Error v. Nancy Ann Johnson and James Johnson (United States Supreme Court) Book Reviews 2024

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Summary of James Nations and Joseph Nations, Plaintiffs in Error v. Nancy Ann Johnson and James Johnson by United States Supreme Court

The James Nations and Joseph Nations, Plaintiffs in Error v. Nancy Ann Johnson and James Johnson book written by United States Supreme Court was published on 01 December 1860, Saturday in the Law category. A total of 166 readers of the book gave the book 0 points out of 5.

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