Warren v. McCarthy
Illinois Supreme Court
This was an action of debt on a decree of the Circuit Court of Mason county, in the State of Kentucky, in favor of Payton White, for $1,503.96, against the plaintiff in error, rendered on the 26th day of October, 1853. The declaration contains but one count. The defendant pleaded seven pleas. 1st. Nul tiel record. 2nd.
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This was an action of debt on a decree of the Circuit Court of Mason county, in the State of Kentucky, in favor of Payton White, for $1,503.96, against the plaintiff in error, rendered on the 26th day of October, 1853. The declaration contains but one count. The defendant pleaded seven pleas. 1st. Nul tiel record. 2nd. That the defendant says he does not owe the said sum of money, and avers that the Circuit Court of Mason county, Kentucky, at the October term, 1853, had no jurisdiction of-the defendant, nor of the said supposed cause of action. Nor had said court any right, power, authority,…
1Opinion of the CourtWalker, J.
The first question presented by this record is, whether an action of debt may be maintained for money found and ordered to be paid by a decree of a court of chancery. It is conceded that such an action cannot be sustained on a decree for the performance of acts other than the payment of money. As a general proposition, it is undeniably true that debt lies for the recovery of any liability, when the sum is certain, or is capable of being readily reduced to a certainty. Then why should the decree of a court of equity, having jurisdiction of the person, and of the subject matter, finding the…
2Cited by8 opinions
- Britton v. ChamberlainIllinois Supreme Court · 1908
- Turner v. CatesSupreme Court of Georgia · 1893
- Brisbane v. DobsonMissouri Court of Appeals · 1892
- Mutual Life Insurance v. NewtonSupreme Court of New Jersey · 1888
- Easley v. McClintonTexas Supreme Court · 1870
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