Buchanan v Rucker
| Jurisdiction | England & Wales |
| Judgment Date | 12 December 1807 |
| Date | 12 December 1807 |
| Court | High Court |
English Reports Citation: 170 E.R. 877
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
Subsequent proceedings, p. 180b, post, and (with annotations) 9 East, 192. Considered, Gavin Gibson & Co. v. Gibson, [1913] 3 K. B. 379, R. V. Local Government Board, ex parte Arlidge, [1914] 1 K. B. 160.
[63] Saturday, Dec. 12, 1807. buchanan v. rucker (No action will lie upon a foreign judgment, on the face of which it appears, that the defendant, not resident within the jurisdiction of the foreign Court, was neither served with process, nor came in to defend the action ; although such judgment may have been obtained according to the course and practice of the Court in similar cases.) [Subseqment proceedings, p. 1806, post, and (with annotations) 9 East, 192. Considered, Gavin Gibson & Co. v. Gibson, [1913] 3 K. B. 379 , R. v. Local Government Board, ex parte Arhdge, [1914] 1 K. B. 160.] Astumpsit on a judgment of the Court of Common Pleas, in the island of Tobago, for 2030, 3s. 3d. currency, alleged in the declaration to be of the value of 2000 sterling ; with the common money-coumts. Plea, non assumpsit. The judgment being proved, by a witness swearing to the hand-writing of E. Pigett^ Esq. the Chief Justice of the Court, and saying, that he would have acted upon t he seal appended to it as to the seal of the island (a). The Attorney-General, for the defendant, observed, he had to state an objection, which must be fatal to the present action. A foreign judgment was pnma facie evidence of * debt; but it might be rebutted , and if the defendant could either shew that the judgment was bad on the face of it, or had been irregularly obtained^ it would not be enforced by the courts of justice in this country. In the present case, ** Vide 4 Black. Com. 36; Bui. N. P. 94 ; Latch. 262; Sty. 53 ; Lutw. 38 ; 3 lust. CL 111. *a Vide etat. 26 Geo. II. c. 33, a. 18 ; Bui. N. P. 113, 4.-As to the dissolution of a Jewish marriage, vide Ganer v. Lady Lmiesboroagh, Peak. Cas. 125. (a) Henry v. Adey, 3 East, 221. 878 BUCHANAN V. BTJCKER l CAMP. 84. by inspecting the copy of the judgment, it appeared that it had been given against the defend-[64]-ant, without his ever having been served with process, or having had any opportunity to defend the action The judgment, after an entry of the declaration, set out the following summons, dated 25th June, 1806 " George the Third, &c. To the Provost Marshal of our island of Tobago, or his lawful deputy, greeting: We...
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