Buttrick v. Allen
Massachusetts Supreme Judicial Court
This action was assumpsit, brought by the plaintiffs, as executors of the last will of Elizabeth Disc, upon a judgment recovered by their testatrix against the defendant in the inferior Court of Common Pleas for the county of Shelburne, in the province of Nova Scotia.
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This action was assumpsit, brought by the plaintiffs, as executors of the last will of Elizabeth Disc, upon a judgment recovered by their testatrix against the defendant in the inferior Court of Common Pleas for the county of Shelburne, in the province of Nova Scotia. A trial was had at the last April term in this county, before Sedgwick, J., upon the general issue of non assumpsit, and a verdict taken for the plaintiffs, subject to the opinion of the Court, on the following questions, viz.:— 1. Whether the evidence in the case, and which was annexed to a certified copy of the judgment…
1Opinion of the Court
* By the Court.
The verification of the record is sufficient for the purpose for which it is produced. There is no doubt that assumpsit lies upon a foreign judgment; but the judgment is no more than prima facie evidence, and the defendant has all the benefits he would be entitled to in an action upon he original cause. It was competent to the defendant to prove in the trial of the present action that he was not within the jurisdiction of the foreign court, and its effect would be avoided. In the case cited from East’s reports, the defendant Rucker is called of the city of London, and it does…
2Cited by19 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Svenska Handelsbanken v. CarlsonDistrict Court, D. Massachusetts · 1966
- Chase Manhattan Bank, N.A. v. HoffmanDistrict Court, D. Massachusetts · 1987
- Kingman v. CowlesMassachusetts Supreme Judicial Court · 1869
- Gerault v. AndersonMississippi Supreme Court · 1818
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