McKim v. Odom
Supreme Judicial Court of Maine
This was an action of assumpsit on a decree in chancery in the .State of Maryland, for the payment of money. A statement of the case was agreed on by the parties, and sufficiently appears in the opinion of the Court. contended, that no action at law would lie upon this decree, but that if any could be maintained it should be debt and not assumpsit.
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This was an action of assumpsit on a decree in chancery in the .State of Maryland, for the payment of money. A statement of the case was agreed on by the parties, and sufficiently appears in the opinion of the Court. contended, that no action at law would lie upon this decree, but that if any could be maintained it should be debt and not assumpsit. In support of which, he cited the following authorities : Bisscll v. Briggs, 9 Mass. 462; 7 Dane’s Abr. 553; 5 Dane’s Abr. 218; Buttrick Of ux. v. Allen, 8 Mass. 273; Doug. Rep. 1 ; Richards v. Jones, 3 Gill and Johns. 163 ; Hall al. v. Williams, 6…
1Opinion of the Court
The opinion of the Court, at a subsequent term, was delivered' by
Parris J.
It has been repeatedly adjudged, that foreign judgments are prima facie evidence merely of the right and matter which they purport to decide. Such was understood to be the law wlien the Constitution of the United States was adopted, and such is now holden as law in all, or nearly all the American Courts. It is unnecessary, in this case, to enter into a consideration of that principle. Much strong argument may be found, in books of great authority, in favor of giving a higher sanctity, than mere prima facie evidence, to…
2Cases cited15 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Hopkins v. LeeSupreme Court of the United States · 1821
- Borden v. FitchNew York Supreme Court · 1818
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
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3Cited by3 opinions
- Faith Temple v. Steven DiPietroSupreme Judicial Court of Maine · 2015
- Blattner v. FrostAppellate Court of Illinois · 1892
- John Veneziano v. Bernard J. SaulnierSupreme Judicial Court of Maine · 2026