Smith v. Whittier
Superior Court of New Hampshire
Debt on judgment rendered by John Frost, Esq., a jus-tiee of the peace in the state of Maine, September 6, 1834. By the record of the judgment, produced on the trial, it appeared that the action was entered on the 14th of October, 1833, and was on an account.
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Debt on judgment rendered by John Frost, Esq., a jus-tiee of the peace in the state of Maine, September 6, 1834. By the record of the judgment, produced on the trial, it appeared that the action was entered on the 14th of October, 1833, and was on an account. The defendant appeared and plead the general issue, which was joined, and the action was continued to February 3d, 1834, at which time the parties appeared, and being fully heard, it was agreed by the parties that the action should be continued for judgment to such time as the justice should appoint ; and that on the said 6th day of…
1Opinion of the CourtGreen, J.
It has been determined in this state, that as no provision is made for the authentication of justices’ judgments rendered in a neighboring state, such judgments are still to be considered as foreign judgments in this state, affording only prima facie evidence of a debt, and the merits of the original claim open to examination here, in the same manner as if no judgment had been rendered. 4 N. H. 450.
The defendant in this case does not contest the subject matter of the original suit, but grounds his objections to a recovery on the informalities and errors of the magistrate, in conducting the…
2Cited by2 opinions
- Hanson v. HoittSuperior Court of New Hampshire · 1843
- Nichols v. SmithSuperior Court of New Hampshire · 1853