Jordan v. Robinson
Supreme Judicial Court of Maine
The nature of the action, and the facts in the case, appear in the opinion of the Court. At the trial before Weston C. J. the defendant was defaulted, and it was agreed, that if the action could not, in the opinion of the Court, be maintained, the default was to be taken off, and the plaintiff become nonsuit. contended, that the foreign judgment was not conclusive evidence of indebtedness, but merely pri-ma facie evidence of a promise. Ruttrick v. Allen, 8 Mass.
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The nature of the action, and the facts in the case, appear in the opinion of the Court. At the trial before Weston C. J. the defendant was defaulted, and it was agreed, that if the action could not, in the opinion of the Court, be maintained, the default was to be taken off, and the plaintiff become nonsuit. contended, that the foreign judgment was not conclusive evidence of indebtedness, but merely pri-ma facie evidence of a promise. Ruttrick v. Allen, 8 Mass. R. 273 ; 14 Johns. R. 479; 'Douglas, 1. This promise is barred by tbe statute of limitations. Blanchard v. Russell, 13 Mass. R. 1;…
1Opinion of the Court
After a continuance, the opinion of the Court was drawn up by
Weston C. J.
This is an action of debt on a judgment of tbe Supreme Court of Judicature of the British Province of New-Brunswick, rendered in 1818 ; with a profert of an exemplification of the judgment, which forms the basis of the action. The *168defendant has pleaded the general issue, and filed a brief statement, relying upon the statute of limitations.
Whatever objection may be made to the conclusive character of the judgment, by the practice and course of decisions in this country, there can be no question, but the judgment is grima…
2Cases cited1 opinion
- Richards v. BickleySupreme Court of Pennsylvania · 1825
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