Renaud v. Abbott
116 U.S. 277 (1886)

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U.S. Supreme Court

Renaud v. Abbott, 116 U.S. 277 (1886)

Renaud v. Abbott

Argued April 7-8, 1885

Decided January 4, 1886

116 U.S. 277

Syllabus

A service of citation of a writ of error to a court of a state, made upon the defendant in error in another state by the marshal of the latter state, is an irregularity which can only be taken advantage of by motion to dismiss made promptly, on an appearance limited to that special purpose.

Upon a writ of error to a state court, the question whether, on the death of a party after judgment, another party was properly substituted in that court before the suing out of the writ of error is a question of practice which the state court has exclusive right to determine, and is not reviewable here.

This Court, upon writ of error to the highest court of a state, takes judicial notice of the law of another state where by the local law that court takes judicial notice of it.

Under Art. IV., Section 1 of the Constitution, and § 900 of the Revised Statutes, a judgment recovered in one state against two joint defendants, one of whom has been duly summoned and the other has not, and which is valid and enforceable by the law of that state against the former alone, will support an action against him in another state.

Page 116 U. S. 278

This was an action of debt in the Supreme Court of New Hampshire on a judgment recovered in a court of Louisiana in favor of one Wilbur as syndic for his creditors on a joint cause of action against Joseph S. Abbott and Edward A. Abbott as co-partners. The record in Louisiana showed that service was made against Joseph S. Abbott alone, and that judgment was entered against both. The action in New Hampshire was brought against the administrator of Joseph S. Abbott (who had died) without joining Edward A. Abbott. The plea was nul tiel record. Other facts in the case are stated in the opinion of the Court, to which reference is made. The case was referred to a referee, whose report of the facts was "reserved and assigned for the consideration of the whole court." The whole court held that, though the judgment was valid in Louisiana, it was invalid in New Hampshire, as "the record showed in the joint judgment the fatal defect of notice to one only of the defendants," and gave judgment for defendant. After the entry of judgment, Renaud appeared, and by petition informed the Supreme Court of New Hampshire of the decease of Wilbur and of his own election as syndic in Wilbur's place, and prayed to be substituted as plaintiff in Wilbur's place for the purpose of removing the case into this Court by writ of error, and the writ was allowed in Renaud's name.

Page 116 U. S. 280

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