Mellin v. Horlick
U.S. Circuit Court for the District of Eastern Wisconsin
The plaintiff alleged in his complaint in this action that in the year 1884, being a subject of Great Britain, he filed a petition in the high court of justice, chancery division, in England, to annul a certain patent granted to one Herbert John Haddan; that the defendant, Horlick, appeared in the case by his solicitor; and that such proceedings were thereafter had, that an order or decree was duly made by the court, referring the matter to the taxing-master to tax the costs…
Read the full summary
The plaintiff alleged in his complaint in this action that in the year 1884, being a subject of Great Britain, he filed a petition in the high court of justice, chancery division, in England, to annul a certain patent granted to one Herbert John Haddan; that the defendant, Horlick, appeared in the case by his solicitor; and that such proceedings were thereafter had, that an order or decree was duly made by the court, referring the matter to the taxing-master to tax the costs of the petitioner, and to set off against such costs the sum of £56 3s. 4d., theretofore deposited in court as security…
1Opinion of the CourtDyer, J.
Conceding that a judgment or decree of a foreign court is not, strictly speaking, a record, nevertheless an action of debt or assumpsit will lie on it in a jurisdiction foreign to that in which the judgment was rendered or decree entered. Mr. Freeman, in his Law of Judgments, § 220, says:
“Tn England, a foreign judgment is, in most respects, carried into effect to the same extent which, under the provisions of our constitution and the laws of congress, a judgment rendered in oneof theseUnited States would be enforced in another. But it is nevertheless not regarded as a matter of record, nor as…
2Cases cited5 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Pennington v. GibsonSupreme Court of the United States · 1854
- Bonesteel v. ToddMichigan Supreme Court · 1861
- Frazier v. Moore's Adm'rTexas Supreme Court · 1854
- Lyman v. BrownU.S. Circuit Court for the District of Rhode Island · 1855