Taylor v. Barron
Superior Court of New Hampshire
In assumpsit, the defendant pleaded two pleas, as follows : “Sullivan, ss. Court of Common Pleas. By leave of court, as of August term, 1853, Asa Taylor, appellant v. Asa T. Barron, administrator, appellee.
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In assumpsit, the defendant pleaded two pleas, as follows : “Sullivan, ss. Court of Common Pleas. By leave of court, as of August term, 1853, Asa Taylor, appellant v. Asa T. Barron, administrator, appellee. And now at this day, that is to say, on the third Tuesday of August, A. D. 1853, until which day the plea aforesaid was last continued, comes the said plaintiff, by his attorney, and the said defendant saith that the said plaintiff ought not further to have or maintain his aforesaid action thereof against him, because, he says, that at a court of probate, held at Woodstock, within and for…
1Opinion of the CourtBell, J.
At common law, judgments rendered by courts in foreign countries are not held to be conclusiverbut to furnish only prima facie evidence. The States of the Union, independently of the constitution of the United States, are, in this respect, held to be foreign to each other, their courts are foreign courts, and the judgments of those courts are foreign judgments. They have the weight of prima facie evidence merely. Thurbur v. Blackburne, 1 N. H. Rep. 242; Robinson v. Prescott, 4 N. H. Rep. 454; Greenl. Ev. §§ 545, 546; 2 Cow. & Hill’s Ph. Ev. 98; Buttrick v. Allen, 8 Mass. Rep. 273.
But by the…
2Cases cited5 opinions
- Buttrick v. AllenMassachusetts Supreme Judicial Court · 1811
- Mahurin v. BickfordSuperior Court of New Hampshire · 1834
- Thurber v. BlackbourneSuperior Court of New Hampshire · 1818
- Robinson v. PrescottSuperior Court of New Hampshire · 1828
- Goodall v. MarshallSuperior Court of New Hampshire · 1843
3Cited by2 opinions
- Golden v. GoldenNew Mexico Supreme Court · 1937
- Barton v. BartonSupreme Court of New Hampshire · 1984