Uplinger

Uplinger v. Yonkin

Good Law
1920 Cal. App. LEXIS 561·47 Cal. App. 435·190 P. 822
Court of Appeal of CaliforniaMay 11, 1920Civ. No. 2795.California823 words

Opinion

Lead Opinion

Conrey, J.

Action to recover judgment for money due upon a judgment entered against the defendant in the circuit court of DeKalb County, Illinois. Judgment was entered herein against the defendant, who now appeals therefrom. Appellant presents three points, on which he claims that this judgment should be reversed.

[1] First point: That the Illinois judgment has not been proved as required by law, in this, that an authenticated copy of the judgment alone was received in evidence, without the judgment-roll. This question has been determined adversely to appellant’s contention in McHatton v. Rhodes, 143 Cal. 275 , [ 101 Am. St. Rep. 125 , 76 Pac. 1036 ]. An issue presented in that case depended upon the validity of a judgment of a circuit court, a court of general jurisdiction in the state of Missouri. An authenticated copy of the Missouri judgment was admitted in evidence, without the judgment-roll. The judgment of the superior court was affirmed, notwithstanding'that the decision therein contained was clearly wrong unless supported by the evidence of the foreign judgment.

[2] Second point: That the judgment sued on is invalid as the basis of a recovery thereon in California, inasmuch as the…

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