Legal Opinion

Ames v. Hoy

California Supreme Court

Decided January 15, 1859PublishedCited by 21 opinions

Appeal from the Fourteenth District, County of Nevada. This was an action of debt on a decree for a sum of money obtained by the plaintiff against the defendant, in the District Court of Nevada county. The case was tried without a jury.

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Appeal from the Fourteenth District, County of Nevada. This was an action of debt on a decree for a sum of money obtained by the plaintiff against the defendant, in the District Court of Nevada county. The case was tried without a jury. On the seventh day of October, 1854, the plaintiff in this suit obtained a decree in the District Court of Nevada county against the defendant Hoy, for a dissolution of copartnership then existing between plaintiff and defendant, and also for the sum of $1,785.97, to he paid by defendant to plaintiff. On the nineteenth day of July, 1856, the records of the…

1Opinion of the CourtBaldwin, J.

Plaintiff recovered a judgment in the District Court of Nevada county, in October, 1854, for a sum of money. The judgment was in an equitable suit brought to dissolve a copartnership and settle the firm accounts, and for a decree for the balance due. The records of Nevada were consumed by fire before the institution of this suit, and the papers and minutes of the Court evidencing this judgment destroyed. An action at law is now brought to recover the amount of this judgment or decree. Several questions are made :

1. That suit cannot be maintained in this State on a domestic judgment. At common…

2Cases cited1 opinion

  1. Howard v. HowardMassachusetts Supreme Judicial Court · 1818

3Cited by21 opinions

  1. Burnes v. SimpsonSupreme Court of Kansas · 1872
  2. In re Will of WarfieldCalifornia Supreme Court · 1863
  3. Thomas v. ThomasCalifornia Supreme Court · 1939
  4. Davis v. FoleySupreme Court of Oklahoma · 1916
  5. Rowe v. BlakeCalifornia Supreme Court · 1893

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