The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 987
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DENNY V. GILES
A very reasonable doubt could arise as to whether the laws of the
state of Mississippi could impose a penalty upon a citizen of Tennessee
for a failure to do something in Mississippi; but a consideration of this
and other questions which immediately suggest themselves as to the
meaning, applicability, and validity of this statute, is unnecessary, in
view of the conclusion reached that the claim cannot be asserted in
The judgment is affirmed.
DENNY et al. v. GILES.
(Circuit Court of Appeals, Fifth Circuit. April 15, 1918.)
1. JUDGMENT X918---AcTION ON JUDGMENT-EVIDENCE.
To authorize recovery upon a judgment there should be some evi-
dence, either by the recitals of the judgment or otherwise, to show that
the court which rendered it had acquired jurisdiction over the defendant,
or the court should have before it the entire record upon which, nothing
appearing to the contrary, to predicate a presumption of jurisdiction over
2. JUDGMENT E=903-AcT IN ON JUDGMENT- SUFFICIENCY OF EVIDENCE.
An entry in the "minute book" of a federal court, which recites the
default of a defendant, the impaneling of a jury, their verdict, and that
"it is considered by the court that plaintiff receive and recover" from the
defendant a sum several hundred dollars in excess of the verdict, but
which recites neither service upon the defendant nor his appearance, does
not constitute a judgment which will sustain an action.
[Ed. Note.-For other definitions, see Words and Phrases, First and
Second Series, Judgment]
In Error to the District Court of the United States for the Southern
District of Florida; Rhydon M. Call, Judge.
Action at law by Collins Denny and others, executors, against James
L. Giles. Judgment for defendant, and plaintiffs bring error. Af-
James H. Bunch, of Jacksonville, Fla., for plaintiffs in error.
Le Roy B. Giles, of Orlando, Fla., for defendant in error.
Before WALKER and BATTS, Circuit Judges, and GRUBB, Dis-
BATTS, Circuit Judge. Plaintiffs in error, as executors of Denny,
sued Giles upon a judgment rendered in 1896 in the United States
Circuit Court for the Southern District of Florida. The judgment,
introduced in evidence by the production of the minute book of that
court, was as follows:
"Wednesday, April 8, 1896.
"Wmi. R. Denny v. James I. Giles and Nannie B. Giles.
"Now comes plaintiff and in open court dismisses this suit as to Nannie B.
Giles. And James L. Giles, defendant, being in default for lack of plea, a jury
is called upon motion of plaintiff and summoned to assess the damages
*:nFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/1002/: accessed June 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.