Legal Opinion

Aldrich v. Kinney

Supreme Court of Connecticut

Decided July 15, 1822PublishedCited by 43 opinions

This was an action of debt on a judgment of the supreme judicial court of the state of Rhode-Island, holden at Providence, in March, 1817. The defendant pleaded, that at the time of the rendition of the judgment, he was, and ever since has been, an inhabitant of Norwich in the state of Connecticut, and never was an inhabitant of the state of Rhode-Island, nor subject or amenable to the laws of that state, nor within the jurisdiction of any of the courts thereof; that the…

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This was an action of debt on a judgment of the supreme judicial court of the state of Rhode-Island, holden at Providence, in March, 1817. The defendant pleaded, that at the time of the rendition of the judgment, he was, and ever since has been, an inhabitant of Norwich in the state of Connecticut, and never was an inhabitant of the state of Rhode-Island, nor subject or amenable to the laws of that state, nor within the jurisdiction of any of the courts thereof; that the original writ in the action in which said judgment was rendered, was no otherwise served on the defendant than by attaching…

1Opinion of the Court

Hosmer, Ch. J.

Foreign judgments are prima facie evidence of debt, and to be presumed just, until the contrary is proved; but if they are shown to be unjust or irregular, a suit upon them will not be sustained. Walker v. Witter, Doug. 1.

The judgment of a court in a sister state, is not to be placed on the footing of a foreign judgment, but has all the validity, provided, by the constitution of the United States. The first section of the fourth article of that instrument declares, “that full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings of…

2Cases cited7 opinions

  1. Mills v. DuryeeSupreme Court of the United States · 1813
  2. Hampton v. M'connelSupreme Court of the United States · 1818
  3. Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
  4. Hitchcock & Fitch v. AickenNew York Supreme Court · 1803
  5. Smith v. RhoadesSupreme Court of Connecticut · 1803

2 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Baker v. Baker, Eccles & Co.Supreme Court of the United States · 1917
  2. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  3. Owens v. RansteadIllinois Supreme Court · 1859
  4. Harshey v. BlackmarrSupreme Court of Iowa · 1866
  5. Mastin v. GraySupreme Court of Kansas · 1878

38 more not listed; retrieve them via the Exa API.

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