Robinson v. Executors of Ward
New York Supreme Court
THIS was an action of debt, on a judgment obtained in the court of common pleas of Addison county, in the state of Vermont.
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THIS was an action of debt, on a judgment obtained in the court of common pleas of Addison county, in the state of Vermont. The declaration alleged that the plaintiff recovered judgment, in March. 1804, for 83 dollars and 47 cents, against one Miller, in a suit in which Ward was the bail of Miller; and that, afterwards, such proceedings were thereupon had, that in February term, 1808, in the same court, it was adjudged that the plaintiff should have execution against Ward, as bail of MiU ler-, for the amount of the judgment, with costs, &c.; and that the same remains unpaid, &c. The defendant…
1Per curiam
The principle adopted by this court in the case of Kilburn v. Woodworth, (5 Johns. Rep. 41.) must govern the present. It was there held, that we would not sustain an action here, upon a judgment in another state, where the suit was commenced by attachment, and no personal summons or actual notice given to the defendant, he not being, at the time of issuing the attachment, within the state. In the case before us, it is not positively stated that Ward, against whom the judgment was recovered in Vermont, was not at the time of issuing the attachment, a resident within the state, or within the…
2Cited by11 opinions
- Ward v. . BoyceNew York Court of Appeals · 1897
- Michigan Trust Co. v. FerryCourt of Appeals for the Eighth Circuit · 1910
- Easley v. McClintonTexas Supreme Court · 1870
- Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1903
- Warren Manuf'g Co. v. Etna Ins. Co.U.S. Circuit Court for the District of Connecticut · 1875
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