Mayhew v. Thatcher
Supreme Court of the United States
Error to the District Court of Louisiana. This was an action of debt commenced by the defendants in error against the plaintiff in error in the District Court of Louisiana, upon a judgment obtained in the Circuit Court of Massachusetts. The original suit, in which the judgment was obtained, was commenced by a process of foreign attachment, according to the local laws of Massachusetts; but the defendant, Mayhew, subsequently appeared and took defence.
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Error to the District Court of Louisiana. This was an action of debt commenced by the defendants in error against the plaintiff in error in the District Court of Louisiana, upon a judgment obtained in the Circuit Court of Massachusetts. The original suit, in which the judgment was obtained, was commenced by a process of foreign attachment, according to the local laws of Massachusetts; but the defendant, Mayhew, subsequently appeared and took defence. Tne cause was referred to arbitrators, and judgment rendered upon their report against the defendant, Mayhew, for the sum of $4,788 57 debt, and…
1Opinion of the CourtChief Justice Marshall
delivered the opinion of the Court, that as by the local laws and practice of Louisiana, questions of fact in civil cases were tried by the Court, unless either of the parties demanded a jury,, the interest upon the original judgment in Massachusetts might be computed, and make a part of the judgment in Louisiana, without a writ of inquiry and the intervention of a jury. And that although the original suit was commenced, by an- attachment, yet that the defendant, Mayhew, had personal notice of the suit, and afterwards appeared and took defence, so that. even, supposing there was any objection…
2Cases cited1 opinion
- Brown v. Van BraamSupreme Court of the United States · 1797
3Cited by25 opinions
- Pope v. United StatesSupreme Court of the United States · 1944
- Insurance Co. v. HarrisSupreme Court of the United States · 1878
- Noyes v. ButlerNew York Supreme Court · 1849
- Price v. HickokSupreme Court of Vermont · 1866
- Black v. SmithWest Virginia Supreme Court · 1878
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