New York Court of Appeals

Orson J. Ferguson, Appellant v. Stephen H. Crawford, Respondents

September 18, 187770 N.Y. 253

Summary

The New York Court of Appeals reversed the General Term's judgment, holding that a judgment record's recital of service or appearance is only prima facie evidence and may be contradicted by extrinsic evidence to show lack of personal jurisdiction. Accordingly, the plaintiff may defend against the prior foreclosure judgment by proving forgery and lack of service, and the judgment is void for want of jurisdiction.