Boston India Rubber Factory v. Archibald Hoit
Supreme Court of Vermont
Assumpsit upon a judgment of the supreme judicial court of Massachusetts. The defendant demurred to the declaration and the county court adjudged it insufficient. The plaintiffs excepted. Assumpsit has been recognized as a proper form of action in a suit upon a foreign judgment, the judgment itself being the consideration of the implied promise and the foundation of the action.
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Assumpsit upon a judgment of the supreme judicial court of Massachusetts. The defendant demurred to the declaration and the county court adjudged it insufficient. The plaintiffs excepted. Assumpsit has been recognized as a proper form of action in a suit upon a foreign judgment, the judgment itself being the consideration of the implied promise and the foundation of the action. The constitution and laws of the Union have not put the judgments of the several states, in all respects, upon the footing of domestic judgments. 2 Vt. R. 573, 5. 4 dp. 58. 6 Pick. 239. That nul tiel record has been…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question to be determined in this case is whether an action of assumpsit will lie upon the judgment of a court of record of one of the states in the American Union.
It is a long settled rule of the common law, that such action will lie upon a foreign judgment. . This is almost the only rule, which can be considered as satisfactorily settled in the English courts, in regard to foreign judgments. The courts of that country did indeed, for a long course of years, seem strongly inclined to treat foreign judgments as of the same force…
2Cases cited4 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
- King v. Van GilderSupreme Court of Vermont · 1797
3Cited by12 opinions
- Milwaukee County v. M. E. White Co.Supreme Court of the United States · 1935
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- David McGilvray & Co. v. AverySupreme Court of Vermont · 1857
- Lapham v. BriggsSupreme Court of Vermont · 1854
- Newcomb v. PeckSupreme Court of Vermont · 1845
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