Legal Opinion

Elliott v. Ray

Indiana Supreme Court

Decided November 10, 1826PublishedCited by 5 opinions

1Opinion of the Court

THE general doctrine is, that an action of debt cannot be sustained on a decree in chancery. Jones v. Bradshaw, Cas. Temp. Talb, 223.—3 P. Wms. 401, note f.—Hugh v. Higgs, 8 Wheat. 697.

An action of debt will not lie on the decree of a Court of ¡chancery in another state, unless the decree have, by the statute of that state, the force and effect of a judgment at law (1).

If the decree have such effect by statute, that fact should be averred and proved; the statutes of other states not being noj ticed here without proof (2).

It is enacted, by a recent statute, that money due by a final decree of…

2Cases cited6 opinions

  1. Walker v. MaxwellMassachusetts Supreme Judicial Court · 1804
  2. Biddis v. JamesSupreme Court of Pennsylvania · 1814
  3. Hugh v. HiggsSupreme Court of the United States · 1823
  4. Locke v. CannonU.S. Circuit Court for the District of District of Columbia · 1819
  5. State v. StadeSupreme Court of Vermont · 1814

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Dow v. BlakeIllinois Supreme Court · 1893
  2. State ex rel. Brown v. BaileyIndiana Supreme Court · 1861
  3. Barber v. BarberWisconsin Supreme Court · 1849
  4. Maria v. AtterberrySupreme Court of Missouri · 1845
  5. Woodruff v. ClarkIndiana Supreme Court · 1842

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