Morse v. Cloyes
New York Supreme Court
In Equity. This cause was before the late court of chancery upon a demurrer to the bill of complaint, and will be found reported in 1 Sandf. Ch. Rep. 187, and 1 Barb. Ch. Rep. 404. After the decision of the demurrer the defendants answered, and amongst other things denied the allegation that the note in controversy was in truth the property of Hovey, and averred that it had been transferred to Cloyes upon a good consideration, and that Hovey had no interest in it.
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In Equity. This cause was before the late court of chancery upon a demurrer to the bill of complaint, and will be found reported in 1 Sandf. Ch. Rep. 187, and 1 Barb. Ch. Rep. 404. After the decision of the demurrer the defendants answered, and amongst other things denied the allegation that the note in controversy was in truth the property of Hovey, and averred that it had been transferred to Cloyes upon a good consideration, and that Hovey had no interest in it. Ho proof was given upon this question, on the trial before the referee. The cause was referred by stipulation to a sole referee,…
1Opinion of the Court
By the Court,
Allen, J.
The objection to the admission in evidence of the discharge and certificate of Thayer was based upon the want of evidence, either appearing upon the face of the discharge or by extrinsic proof, that the court granting it had jurisdiction to entertain the proceedings, it being sought to bring the case within the rule which requires the jurisdiction of inferior courts and courts of special and limited jurisdiction to be affirmatively shown, before effect shall be given to then-judgments or decrees. In McCormick v. Sullivant, (10 Wheat. 192,) it was held that the courts of…
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