Legal Opinion

Wilson v. Robertson

Tennessee Superior Court for Law and Equity

Decided May 6, 1808PublishedCited by 2 opinions

In Equity. Judgment had been obtained in North Carolina against the plaintiff, upon which suit was brought in this state, and judgment recovered, to enjoin which, this bill was filed, and to this bill it was demurred. 1st. Because a judgment in another state cannot be examined here. 2d. Admitting that it can, under the circumstances of this case, the court will not do it. As to the first, that the plaintiff in this court had his remedy at law, were cited 3 Atk. 223-4. 1 Bro.

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In Equity. Judgment had been obtained in North Carolina against the plaintiff, upon which suit was brought in this state, and judgment recovered, to enjoin which, this bill was filed, and to this bill it was demurred. 1st. Because a judgment in another state cannot be examined here. 2d. Admitting that it can, under the circumstances of this case, the court will not do it. As to the first, that the plaintiff in this court had his remedy at law, were cited 3 Atk. 223-4. 1 Bro. Ch. C. 305. 3 Atk. 740 2 P. W. 424 to 427. By the constitution of the United States, Art. 6th, full faith and credit…

1Per curiam

There can be no doubt that the judgment of another state can be examined here, whenever the party in whose name it was obtained, applies to our courts to have it effectuated. The court here, cannot act blind-folded, nor was it ever intended by the act of congress that they should. The case in Dallas was decided in haste, and without examination of the act ; the legislature only designed to say, that the record of another state certified in the manner prescribed, as a record should be received here, and to this effect are the decisions of the supreme courts of New-York and Pennsylvania, where,…

2Cases cited3 opinions

  1. Schemerhorn v. VanderheydenNew York Supreme Court · 1806
  2. Jackson v. JacksonNew York Supreme Court · 1806
  3. Hubbell v. CoudreyNew York Supreme Court · 1809

3Cited by2 opinions

  1. Evans v. Belmont Land Co.Tennessee Supreme Court · 1893
  2. Winchester v. Jackson & EvansTennessee Supreme Court · 1817

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