Starbuck v. Murray
New York Supreme Court
Debt on judgment rendered in a sister state. The declaration sets forth a judgment obtained by the plaintiffs against-the defendant in the court of common pleas of the commonwealth of Massachusetts, holden at Boston, in the county of Suffolk, in the term of April, 1827, for $393,36, averring the same to remain in full force.
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Debt on judgment rendered in a sister state. The declaration sets forth a judgment obtained by the plaintiffs against-the defendant in the court of common pleas of the commonwealth of Massachusetts, holden at Boston, in the county of Suffolk, in the term of April, 1827, for $393,36, averring the same to remain in full force. The defendant pleads, 1. That at the commencement of the suit in which the judgment dedared on was rendered, he was and ever since has been an inhabitant and resident of the city of New-York, in the state of New-York, and that he was not, during all the time aforesaid,…
1Opinion of the Court
By the Court,
Marcy, J.
The states being independent sovereignties, judgments recovered in the courts of one state would he foreign judgments in every other, but for that clause in the constitution of the United States which declares that "full faith and credit shall be given in each state to the acts, records and judicial proceedings of every other state.” Article 4, § 1, Constitution of the U. S. The same section authorizes congress to prescribe the manner of proving such acts, records and proceedings, and the effect thereof. This was done by an act passed the 26th May, 1790. Records and…
2Cases cited4 opinions
- Hitchcock & Fitch v. AickenNew York Supreme Court · 1803
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Biays v. Chesapeake InsuranceSupreme Court of the United States · 1813
- Benton v. BurgotSupreme Court of Pennsylvania · 1823
3Cited by134 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Baker v. Baker, Eccles & Co.Supreme Court of the United States · 1917
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
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