Wagner v. Cholley

Sloan, C. J., delivered the opinion of the Court. John F. Cholley, the appellee, recovered a judgment in the Court of Common Pleas of Stark County, Ohio, against the appellant, William H. Wagner. The judgment appears to have been regular as to form and procedure, and no attack in these respects has been made against it. The appellant is now a resident of Maryland, and the appellee, under the due faith and credit clause of the Constitution of the United States, Art. 4, Sec. 1, seeks to have his judgment entered in the courts of this ⁴¹³ State.

With the declaration, as amended, the plaintiff filed a properly certified copy of the record and proceedings in Ohio, all showing the judgment was regularly entered after service of process and default. The defendant, appellant, filed the general issue pleas, and the plaintiff demanded the particulars of the defenses, with which the defendant complied by assigning the following reasons for resisting the plaintiff’s claim: “1. That Plaintiff’s alleged judgment is based on an illegal consideration, in that Plaintiff while acting as Defendant’s attorney in prosecuting a claim under the Workmen’s Compensation Laws of the State of Ohio received under an Order of the Workmen’s Compensation Commission the compensation authorized and directed to be paid by the Commission, thereafter the plaintiff unlawfully and in direct violation of the Workmen’s Compensation Commission rules and regulations demanded an additional fee from the Defendant, which, if paid, would have made the Plaintiff’s compensation exceed in amount the sum received by the Defendant as Plaintiff’s client. “2. That after the Defendant changed his residence from the State of Ohio to the State of Maryland and while returning to the State of Ohio for the purpose of removing his furniture and effects to the State of Maryland, he was arrested on a pretended traffic violation, confined in a cell, held incommunicado, denied all right to counsel and never arraigned nor formally charged with any specific crime or offense and while incarcerated as aforesaid, Plaintiff arranged to have him served with the pretended process in the proceeding mentioned in Plaintiff’s Amended Declaration.

That the entire proceeding whereby Plaintiff undertook to have service of process upon this Defendant was