Bartlet v. Knight
Massachusetts Supreme Judicial Court
This was an action of debt on a judgment recovered in the state of New Hampshire. The defendant was, in the present action, described as of Poland, in the county of Cumberland, in the commonwealth of Massachusetts. The defendant prayed oyer of the record of the judgment mentioned in the declaration, (which was as follows, viz., “ State of New Hampshire, Rockingham, ss.
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This was an action of debt on a judgment recovered in the state of New Hampshire. The defendant was, in the present action, described as of Poland, in the county of Cumberland, in the commonwealth of Massachusetts. The defendant prayed oyer of the record of the judgment mentioned in the declaration, (which was as follows, viz., “ State of New Hampshire, Rockingham, ss. At the inferior Court of Com mon Pleas, holden at Exeter, within and for the county of Rocking-ham, on the second Tuesday of August, Anno Domini one thousand seven hundred and ninety-one. Present the Honorable Timothy Walker,…
1Opinion of the CourtThacher, J.
In this case, the demurrer confesses the facts stated in the pleas. By the law of this state, applied to these facts, the note mentioned in the judgment declared on would be void. The question then is, whether the judgment rendered as this was, in another state, has precluded the defendant from making, in the present action, the defence which he sets up in his pleas. I think not. And that the article in the constitution of the United States *299and the act of congress, which have been cited, do not admit of the construction contended * for by the [ * 405 ] counsel for the plaintiff, but that the…
2Cases cited10 opinions
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- Hampton v. M'connelSupreme Court of the United States · 1818
- Borden v. FitchNew York Supreme Court · 1818
- Shumway v. StillmanNew York Supreme Court · 1831
- Andrews v. MontgomeryNew York Supreme Court · 1821
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3Cited by1 opinion
- Shumway v. StillmanNew York Supreme Court · 1825