Hitchcock & Fitch v. Aicken
New York Supreme Court
This was an action of debt upon a judgment obtained in the supreme court held at Middlebury, in the state of Vermont ; plea, nil debet. A verdict was taken for the plaintiffs for the sum of-dollars, subject to the opinion of the court on the following case: The plaintiffs commenced their suit against the defendant, being a citizen of this state, in the county of Mid-[*461] dlebury, *in the state of Vermont, by attachment.
Read the full summary
This was an action of debt upon a judgment obtained in the supreme court held at Middlebury, in the state of Vermont ; plea, nil debet. A verdict was taken for the plaintiffs for the sum of-dollars, subject to the opinion of the court on the following case: The plaintiffs commenced their suit against the defendant, being a citizen of this state, in the county of Mid-[*461] dlebury, *in the state of Vermont, by attachment. They charged, in their declaration, that the defendant, on the tenth day of November, 1795, in consideration that the plaintiffs would buy of the defendant a horse for the…
1Opinion of the Court
Thompson J.
The question now submitted to the court is, whether it was competent for the defendant, on the trial to go into evidence as to the merits of the judgment obtained in Vermont; or, in other words, whether this judgment is to be considered as a foreign judgment, and only •prima facie evidence of the debt ?
This case was submitted without argument, and the only point, I conceive, presented for consideration is, whether it was competent for the defendant, on the trial, to open the judgment, and go into an inquiry into the original merits of the action tried in the state of Vermont. I…
2Cases cited10 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
- Thomas v. RobinsonNew York Supreme Court · 1829
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
- Buckner v. Finley & Van LearSupreme Court of the United States · 1829
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
23 more not listed; retrieve them via the Exa API.