Legal Opinion

Gunn v. Peakes

Supreme Court of Minnesota

Decided December 9, 1886PublishedCited by 15 opinions

Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried by Young, J., a jury being waived. The only evidence offered by defendant was the record of a former action on the same judgment, which resulted in the judgment .of dismissal mentioned in the opinion.

1Opinion of the CourtBerry, J.

This is an action upon a foreign — a Nova Scotia— judgment. A judgment of a foreign court, complete and regular upon its face, is prima facie valid. Walker v. Witter, 1 Doug. 1; Reynolds v. Fenton, 3 C. B. 187; Barber v. Lamb, 8 C. B. (N. S.) 95; Robertson v. Struth, 5 Q. B. 941; Shumway v. Stillman, 4 Cow. 292, (15 Am. Dec. 374;) s. c. 6 Wend. 447; Lazier v. Westcott, 26 N. Y. 146; Bissell v. Wheelock, 11 Cush. 277; Holt v. Alloway, 2 Blackf. 108; Crepps v. Durden, 1 Smith, Lead. Cas. (8th Am. Ed.) 1079, 1143; Duchess of Kingston’s Case, 2 Smith, Lead. Cas. (8th Am. Ed.) 734, 981; Dozier v.…

2Cases cited6 opinions

  1. Church v. HubbartSupreme Court of the United States · 1804
  2. Shumway v. StillmanNew York Supreme Court · 1831
  3. Fitch v. NewberryMichigan Supreme Court · 1843
  4. Lazier v. . WestcottNew York Court of Appeals · 1862
  5. Shumway v. StillmanNew York Supreme Court · 1825

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3Cited by15 opinions

  1. Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
  2. State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
  3. O'Keefe v. Irvington Real Estate Co.Court of Appeals of Maryland · 1898
  4. Epstein & Bro. v. M. Ferst & Co.Supreme Court of Florida · 1895
  5. Prondzinski v. GarbuttNorth Dakota Supreme Court · 1901

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