Curtis v. Gibbs
Supreme Court of New Jersey
Flea of nil debet, allowed oil demurrer, in action on a judgment in a foreign attachment in Pennsylvania. Quere. As to effect in this state, of a judgment in Pennsylvania. This was an action of debt, brought on a judgment obtained by the plaintiff against the defendants, in the Court of Common Pleas in and for the county of Philadelphia, in the state of Pennsylvania. The defendants pleaded nil debet; to which the plaintiff demurred, and the defendants joined in demurrer.
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Flea of nil debet, allowed oil demurrer, in action on a judgment in a foreign attachment in Pennsylvania. Quere. As to effect in this state, of a judgment in Pennsylvania. This was an action of debt, brought on a judgment obtained by the plaintiff against the defendants, in the Court of Common Pleas in and for the county of Philadelphia, in the state of Pennsylvania. The defendants pleaded nil debet; to which the plaintiff demurred, and the defendants joined in demurrer. That the plea in this case was bad; that nul tiel record was the proper plea, for which he cited, 5 Comy. 538, 2 Dal. 302,…
1Opinion of the CourtPennington, J.
The first ground taken by the learned counsel for the defendants is — -That judgments obtained in the courts of a neighboring state, are to be considered in tiie light of foreign judgments, and only prima Jade evidence of a debt, and therefore that nil debet, is a proper plea.
It is true, that the distinction between judgments that are conclusive and those that are only prima fade evidence of a debt, is a distinction between domestic and foreign courts; judgments of the former being conclusive, and those of the latter jmma fade evidence only. It may, however, be proper to observe, that this…
2Cases cited2 opinions
- Hitchcock & Fitch v. AickenNew York Supreme Court · 1803
- Tarlton v. BriscoeCourt of Appeals of Kentucky · 1815