JUDGMENTS-EFFECT OF A RECITAL OF JURISDICTION IN A FOREIGN JUDGMENT RECORD

Authors

James F. Gordy S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff brought an action in the District of Columbia on a Maryland default judgment, offering in evidence the docket entries wherein there was a recital of personal jurisdiction by virtue of a constable's return of summons. Defendant attacked the Maryland judgment on the ground of lack of jurisdiction over the person, testifying and offering evidence, vague and conflicting, but tending to show that he had no notice of the action or judgment until the present suit. Plaintiff testified to the contrary and advanced certain facts to indicate that defendant had been served and had secured several continuances in the prior action. The lower court held that defendant's testimony did not overcome the presumption of service arising from the recital of jurisdictional facts. On appeal, held, affirmed. A recital of jurisdictional facts raises a rebuttable presumption of jurisdiction, but when denied, and the evidence is contradicting, the presumption may be weighed against the defendant's testimony. Koehne v. Price, (Mun. App. D.C. 1949) 68 A.(2d) 806.

Recommended Citation

James F. Gordy S.Ed., JUDGMENTS-EFFECT OF A RECITAL OF JURISDICTION IN A FOREIGN JUDGMENT RECORD, 49 Mich. L. Rev. 284 (1950).
Available at: https://repository.law.umich.edu/mlr/vol49/iss2/16