Mahurin v. Bickford
Superior Court of New Hampshire
Debt upon a judgment rendered by a justice of the peace, in the State of Vermont. Plea, nil debet. On the trial at the Common Pleas, May term, 1834, the plaintiff pioduced, what purported to be, a copy of the judgment described in the declaration, certified as a true copy by the clerk of the county court. The defendant objected to the admission of this evidence without farther proof to authenticate the paper, but the court overruled the objection.
Read the full summary
Debt upon a judgment rendered by a justice of the peace, in the State of Vermont. Plea, nil debet. On the trial at the Common Pleas, May term, 1834, the plaintiff pioduced, what purported to be, a copy of the judgment described in the declaration, certified as a true copy by the clerk of the county court. The defendant objected to the admission of this evidence without farther proof to authenticate the paper, but the court overruled the objection. The defendant farther objected, that no interest could be recovered upon the sum for which said judgment purported to he rendered, until a demand…
1Opinion of the Court
By the Court.
Parker, J.
It has been held in this court, 4 N. H. Rep. 450, Robinson v. Prescott, that a judgment of a justice of the peace, rendered in another state, is not within the statute of the United States prescribing the mode of proving and authenticating judgments rendered in the courts of other states, and that such judgment is not entitled to have here the same credit and effect which it may have within the jurisdiction where rendered, but stands upon the same ground as a foreign judgment.
A similar decision is found, 2 Pick. 448, Warren v. Flagg.
In neither of these cases is the…
2Cases cited6 opinions
- Selleck v. FrenchSupreme Court of Connecticut · 1814
- Thomas v. RobinsonNew York Supreme Court · 1829
- Gammell v. SkinnerU.S. Circuit Court for the District of Massachusetts · 1814
- Union Bank of Georgetown v. CrittendenU.S. Circuit Court for the District of District of Columbia · 1821
- Robinson v. PrescottSuperior Court of New Hampshire · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McIlvaine v. WilkinsSuperior Court of New Hampshire · 1841
- Hollister v. BarkleySuperior Court of New Hampshire · 1841
- Pickard v. BaileySuperior Court of New Hampshire · 1852
- Taylor v. BarronSuperior Court of New Hampshire · 1855
- Clough v. UnitySuperior Court of New Hampshire · 1846
3 more not listed; retrieve them via the Exa API.