Fisher, Brown & Co. v. Fielding
Supreme Court of Connecticut
Action on a judgment obtained in England, brought to the Superior Court in Hartford County and tried to the court, George W. Wheeler, The plaintiffs were Joseph B. Clarke and John Edward H. Brown, of Birmingham, England, partners in trade under the name of Fisher, Brown & Company, by which name they recovered, in England, the judgment now sued upon, against the defendant, then and now a citizen of Connecticut.
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Action on a judgment obtained in England, brought to the Superior Court in Hartford County and tried to the court, George W. Wheeler, The plaintiffs were Joseph B. Clarke and John Edward H. Brown, of Birmingham, England, partners in trade under the name of Fisher, Brown & Company, by which name they recovered, in England, the judgment now sued upon, against the defendant, then and now a citizen of Connecticut. The complaint merely alleged that on April 3d, 1889, at Birmingham, in the kingdom of Great Britain, the High Court of Justice, Queen’s Bench Division, Birmingham District Registry, in…
1Opinion of the CourtBaldwin, J.
The plaintiffs’ complaint was drawn in the form authorized by the Practice Book (No. 169, p. 107) in actions on a foreign judgment. In actions on a domestic judgment, the authorized forms (Practice Book, No. 166 and No. 167, pp. 106,107) state the fact, but not the manner of *103its recovery; but in declaring on the judgment of a foreign court, the approved averment is that such court, “ in an action therein pending between the plaintiffs and the defendant, duly adjudged that the defendant should pay to the plaintiffs ” the sum in question. No court can “ duly ” adjudge such a payment, except in…
2Cases cited44 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Hilton v. GuyotSupreme Court of the United States · 1895
- Thompson v. WhitmanSupreme Court of the United States · 1874
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
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3Cited by40 opinions
- Bouchard v. People's BankSupreme Court of Connecticut · 1991
- Russian Socialist Federated Soviet Republic v. CibrarioNew York Court of Appeals · 1923
- Adamsen v. AdamsenSupreme Court of Connecticut · 1963
- Smith v. FurnessSupreme Court of Connecticut · 1933
- Legassey v. ShulanskyConnecticut Appellate Court · 1992
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