Legal Opinion

Buchanan v. Marsh

Supreme Court of Iowa

Decided December 10, 1864PublishedCited by 13 opinions

Appeal from Johnson District Court. In July, 1864, plaintiffs, as administrators of the last will and testament of Robert W. Harris, deceased, filed their petition seeking to recover nearly sixteen thousand dollars, which they claim to be due and owing upon a judgment rendered in the name of decedent in the Court of Queen’s Bench at Toronto, in the Province of Upper Canada, on the 18th of May, 1858. This judgment was against Richard L. and Henry M. Marsh, and was revived in…

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Appeal from Johnson District Court. In July, 1864, plaintiffs, as administrators of the last will and testament of Robert W. Harris, deceased, filed their petition seeking to recover nearly sixteen thousand dollars, which they claim to be due and owing upon a judgment rendered in the name of decedent in the Court of Queen’s Bench at Toronto, in the Province of Upper Canada, on the 18th of May, 1858. This judgment was against Richard L. and Henry M. Marsh, and was revived in the said Court of Queen’s Bench in the name of the present plaintiffs, as administrators, witb tbe will annexed, of…

1Opinion of the Court

"Weight, Cb. J.

1. jtoo-hbht; líen. Several questions are discussed by counsel; but we shall confine ourselves to the more material ones, these being sufficient to fully dispose of the case now before us.

Plaintiffs are not judgment creditors. Por the purposes of the present inquiry, their action is like any ordinary one upon a note, account, or any simple contract, or evidence of indebtedness. They have a foreign judgment;. but, until it becomes a judgment in our courts, they are no more than creditors at large, and until they obtain tbe recognition of their claim by the adj udication of our…

2Cases cited3 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Wiggins v. ArmstrongNew York Court of Chancery · 1816
  3. Hall v. CrouseSupreme Court of Iowa · 1863

3Cited by13 opinions

  1. Brown v. CampbellCalifornia Supreme Court · 1893
  2. Crary v. KurtzSupreme Court of Iowa · 1906
  3. Clark v. RaymondSupreme Court of Iowa · 1892
  4. Peterson v. GittingsSupreme Court of Iowa · 1899
  5. Goode v. GarritySupreme Court of Iowa · 1888

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