Dunn v. Snell
Massachusetts Supreme Judicial Court
This was an action of debt, on a judgment of the Circuit Court of Common Pleas, November term, 1813, for 50 cents debt or damage, and 15 dollars 44 cents costs of suit, and it was originally brought before a justice of the peace, when the defendants pleaded nil debent, upon which issue was joined ; and it came afterwards to the Court of Common Pleas, by appeal, where it was tried by a jury.
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This was an action of debt, on a judgment of the Circuit Court of Common Pleas, November term, 1813, for 50 cents debt or damage, and 15 dollars 44 cents costs of suit, and it was originally brought before a justice of the peace, when the defendants pleaded nil debent, upon which issue was joined ; and it came afterwards to the Court of Common Pleas, by appeal, where it was tried by a jury. A verdict having been rendered in that court for the defendants, under the direction of the court, — the plaintiff filed his exceptions pursuant to the provisions of the late statute, (1) and the action…
1Opinion of the Court
■ Parker, C. J.,
delivered the opinion of the Court. The objection to the assignment, as offered to be proved by the witnesses, is that it was not by deed ; and the objection rests on the general principle which was assumed by the counsel, that an assignment of a specialty must be by an instrument of as solemn a nature as the instrument itself which- is to be assigned. Considering a judgment as a specialty, it is obvious that, upon this strict principle, it could never * be assigned; because there is no instrument in pais, of so high a nature as the record of a judgment of court.
But we do not…
2Cases cited1 opinion
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
3Cited by30 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Robinson v. SchlySupreme Court of Georgia · 1849
- Rollison v. HopeTexas Supreme Court · 1857
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