Holmes v. Broughton
New York Supreme Court
Demurrer to plea. The plaintiff declared in debt on judgment rendered in this court in the term of August, 1815, for the sum of $830,42. The defendant pleaded that in June, 1818, the plaintiff commenced a suit on the judgment now sought to be enforced, in the county court of the county of Rut-land, in the state of Vermont, and that such proceedings were thereupon had that in the term of June of that court in the 37ear 1819, the plaintiff recovered a judgment for his debt,…
Read the full summary
Demurrer to plea. The plaintiff declared in debt on judgment rendered in this court in the term of August, 1815, for the sum of $830,42. The defendant pleaded that in June, 1818, the plaintiff commenced a suit on the judgment now sought to be enforced, in the county court of the county of Rut-land, in the state of Vermont, and that such proceedings were thereupon had that in the term of June of that court in the 37ear 1819, the plaintiff recovered a judgment for his debt, also $226,23 as damages, and $24,73 as costs. That on the 4th October, 1819, an execution was sued out on the judgment so…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question is whether the proceedings alleged to have been had in the state of Vermont are well pleaded 1 It is laid down by Mr. Chitty that the courts do not ex officio take notice of foreign laws, and consequently they must in general be stated in pleading. 1 Chilly's PI. 221. The question arose in Collett v. Keith, 2 East, 261, which was an action of trespass for seizing and taking a ship at the Cape of Good Hope, to wit, &c. The defendant, among other things, pleaded, that the settlement of the Cape of Good Hope was subject to foreign, to wit, Dutch laws; that…
2Cited by56 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Norris v. HarrisCalifornia Supreme Court · 1860
- Rape v. HeatonWisconsin Supreme Court · 1859
- Brush v. ScribnerSupreme Court of Connecticut · 1836
51 more not listed; retrieve them via the Exa API.