Shumway v. Stillman
New York Supreme Court
j)EBT on-judgment, in favor of the plaintiffs against the defendant', recovered ill the Circuit Court of Common Pleas at Worcester, in the- Commonwealth of Massachusetts,, Juné 19th, 1820.- The defendant pleaded, that at the . „ , time of the commencement of the suit m which the recoveiT °f the judgment was obtained, and at the time whetí the judgment was rendered, and during all the time, bétween the time of the commencement of the suit, and. recovery of the judgment, and…
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j)EBT on-judgment, in favor of the plaintiffs against the defendant', recovered ill the Circuit Court of Common Pleas at Worcester, in the- Commonwealth of Massachusetts,, Juné 19th, 1820.- The defendant pleaded, that at the . „ , time of the commencement of the suit m which the recoveiT °f the judgment was obtained, and at the time whetí the judgment was rendered, and during all the time, bétween the time of the commencement of the suit, and. recovery of the judgment, and ever since, he was, has , . r - ,. - - .. . , . been, and still is an inhabitant of, and resident m the city Schenectady,…
1Opinion of the CourtCuria per Sutherland, J.
The questions which arise upon the demurrer are, 1. Whether any other plea than that of md tiel record can be pleaded in a case like this 7 2. Admitting that it is competent to show that the Court, which rendered the judgment, had no jurisdiction over the person of the defendant, is that fact shown with sufficient certainty by the plea in question 7
The Supreme Court of the United States in Mills v. Duryee, (7 Cranch, 431,) decided that nil debet was not a proper plea to an action of debt upon a state judgment, prosecuted in another state ; and that, in that particular case, as it was…
2Cases cited3 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Andrews v. MontgomeryNew York Supreme Court · 1821
- Bartlet v. KnightMassachusetts Supreme Judicial Court · 1805
3Cited by33 opinions
- Baker v. Baker, Eccles & Co.Supreme Court of the United States · 1917
- The People v. . BakerNew York Court of Appeals · 1879
- In Re the Application for Letters of Administration of the Goods, Chattels and CreditsNew York Court of Appeals · 1898
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
- Heatherly v. HadleyOregon Supreme Court · 1869
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