Warren v. Flagg
Massachusetts Supreme Judicial Court
The plaintiff declared in debt upon a judgment recovered before a justice of the peace for the county of Windham in Connecticut, with a profert of a copy of the record duly authenticated. The defendant pleaded nil debet; to which there was a general demurrer and joinder.
1Opinion of the Court
Parker C. J.
The question presented by the pleadings is, whether the judgment declared on is conclusive evidence of a debt, so as to admit of no inquiry into the merits of the demand on which it is founded ; and the decisions of the Supreme Court of the United States in the cases reported in 3 Wheat. 234, and 7 Cranch, 481, which are commented on in Commonwealth v. Green, 17 Mass. R. 546, are relied on as settling this point conclusively. In that case of Commonwealth v. Green, the Court rather bowed to the authority than to the reasons of the decisions of the Supreme Court of the United States…
2Cases cited7 opinions
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- Hampton v. M'connelSupreme Court of the United States · 1818
- Thomas v. RobinsonNew York Supreme Court · 1829
- Cleveland v. RogersNew York Supreme Court · 1831
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3Cited by1 opinion
- Hinman v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1910