Wright v. Boynton
Supreme Court of New Hampshire
In Debt. The writ contained six counts. It was not served on Hayward, who was a resident of Massachusetts. The first count was upon a judgment in favor of the plaintiff against the defendants, recovered in the Court of Common Pleas of Essex county, Massachusetts, on the 3d Monday of March, 1852, for $750.75, debt, and $31.87, costs. The other counts were upon promissory notes, and an account annexed, and general indebitatus assumpsit. Plea the general issue.
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In Debt. The writ contained six counts. It was not served on Hayward, who was a resident of Massachusetts. The first count was upon a judgment in favor of the plaintiff against the defendants, recovered in the Court of Common Pleas of Essex county, Massachusetts, on the 3d Monday of March, 1852, for $750.75, debt, and $31.87, costs. The other counts were upon promissory notes, and an account annexed, and general indebitatus assumpsit. Plea the general issue. The plaintiff introduced a duly authenticated copy of the record of a judgment, recovered by the plaintiff, agreeing with his…
1Opinion of the Court
Bell, X
In Thurber v. Blackburne, 1 N. H. 242, it was held that nil debet is a good plea in debt on a judgment, rendered in another State; but that under that plea the jurisdiction of the court and matters in discharge of the action, and not the merits of the judgment itself, are to be inquired into. If this were held otherwise, it has been, so far as we are aware, uniformly held in those jurisdictions where nil debet is not regarded as a good plea on demurrer, that it can not be objected to after verdict. Gould’s Pl. 500; Ch. Pl. 480; Rush v. Cobbett, 2 Johns. Ca. 256; Meyer v. McClure, 2…
2Cases cited8 opinions
- Cairnes v. BleeckerNew York Supreme Court · 1815
- Le Roy, Bayard & Co. v. JohnsonSupreme Court of the United States · 1829
- Stockham v. JonesNew York Supreme Court · 1813
- Cunningham v. GoeletNew York Supreme Court · 1847
- Meyer M'CleanNew York Supreme Court · 1807
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3Cited by2 opinions
- Clark v. SheaOregon Supreme Court · 1929
- McIntire v. PlaistedSupreme Court of New Hampshire · 1876