Cole v. Driskell
Indiana Supreme Court
APPEAL from the Jefferson Circuit Court. — This was an action of debt by Driskell against Cole, upon the judgment of a justice of the peace in ICentucky. The declaration contained a particular description of the recovery before the justice, and the usual reference to the record by the prout palet per recordum. Plea, nul tiel record. Replication, there is such record,
1Opinion of the CourtHolman, J.
It is contended that the action of debt will not lie in this case, because the Court of a justice of the peace in Kentucky, is not a Court of record. In the decision of this point, it is unnecessary to determine, whether such a Courtis a Court, of record or not, for debt will lie on a judgment of a Court not of record. Foreign Courts, and Courts not of record, are, in this respect, considered in the same point of view. Debt will lie on the judgment of a foreign Court. It will also lie in England for a sum recovered in a Court Baron, which is not a Court of record. 1 Esp. N. P. 2 pt. 32. — 3…
2Cases cited5 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Armstrong v. CarsonSupreme Court of the United States · 1794
- Buford v. BufordSupreme Court of Virginia · 1814
3Cited by7 opinions
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Lindley v. KelleyIndiana Supreme Court · 1873
- Potsdamer v. StateSupreme Court of Florida · 1880
- Hall v. StateSupreme Court of Alabama · 1846
- Brown v. TrulockIndiana Supreme Court · 1837
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