Clark v. Parsons
Court of Appeals of South Carolina
Before EARLE, /., at Chesterfield, Spring Term, 1838. This was an action, by way of summary process, on a judgment and execution, obtained before a justice of the peace, in North-Carolina. It was proved that John Grady, who granted the judgment and issued the execution, was an acting and reputed justice in Anson county, and his signature to the proceedings was proved to be genuine.
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Before EARLE, /., at Chesterfield, Spring Term, 1838. This was an action, by way of summary process, on a judgment and execution, obtained before a justice of the peace, in North-Carolina. It was proved that John Grady, who granted the judgment and issued the execution, was an acting and reputed justice in Anson county, and his signature to the proceedings was proved to be genuine. The defendant had given legal notice of appeal, and had entered into bond to prosecute the same; but the execution having been placed in the hands of the officer, no return of the proceedings was made to the county…
1Opinion of the Court
Curia, per Bütlbb, J.
The circuit judge who tried this case, nonsuited the plaintiffs, and rests his judgment for doing so, mainly, though, as it would seem, not entirely, on the following ground: — ■ “ That a judgment of an inferior court, not of record, in another state, could not be the foundation of an action here, and recovered on as such, independent of the original cause of action.” In this position, we do not agree with the judge. Whilst we cannot give such a judgment the dignity and importance of a judgment of a court of general jurisdiction of another state, we are willing to place…
2Cases cited1 opinion
- Harmon v. DurhamNew York Supreme Court · 1829