Legal Opinion

Graham v. Spencer

U.S. Circuit Court for the District of Massachusetts

Decided December 20, 1882PublishedCited by 6 opinions

At Law. Trial by jury having been waived, the court found the following facts: This is an action upon a judgment rendered in the county court at Windsor, Yermont, at the term which began December 2,1873, for the plaintiff against the defendant, for $3,880 debt, and $33.01 costs of suit, and interest amounting now to more than $5,000. The record of that action, and the docket entries therein, are made part of this linding. The defendant, with Joseph Yila, •Jr., and JabeziF.

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At Law. Trial by jury having been waived, the court found the following facts: This is an action upon a judgment rendered in the county court at Windsor, Yermont, at the term which began December 2,1873, for the plaintiff against the defendant, for $3,880 debt, and $33.01 costs of suit, and interest amounting now to more than $5,000. The record of that action, and the docket entries therein, are made part of this linding. The defendant, with Joseph Yila, •Jr., and JabeziF. Wardwell, were sued in assumpsit, and were described as formerly partners under the firm of Spencer, Yila & Co., of…

1Opinion of the Court

Lowell, O. J.

It was said in argument ' by the senior counsel for the plaintiff, who is in a position to know the law of Vermont, that the courts of that state still adhere to the doctrine which was supposed to have been announced in Mills v. Duryee, 7 Cranch, 481, that judgments of one state are to be treated in the courts of another state precisely like domestic judgments, so that, for example, the record of service, or of appearance, cannot be contradicted. The latest case which he cited was Lapham v. Briggs, 27 Vt. 26, decided in 1854. I have not examined the later reports, because the…

2Cases cited24 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. Galpin v. PageSupreme Court of the United States · 1874
  4. Mills v. DuryeeSupreme Court of the United States · 1813
  5. Harkness v. HydeSupreme Court of the United States · 1879

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3Cited by6 opinions

  1. First National Bank v. EastmanCalifornia Supreme Court · 1904
  2. Harvey v. Fiduciary Trust Co.Massachusetts Supreme Judicial Court · 1938
  3. Phillips v. the MacCabeesCourt of Appeals of Texas · 1932
  4. Batson & Hatten Lumber Co. v. McDowellMississippi Supreme Court · 1931
  5. Rice v. BennettSouth Dakota Supreme Court · 1912

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

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