Walker v. Robinson
Massachusetts Supreme Judicial Court
Contract upon a judgment recovered by the plaintiff against Edwin Robinson, the defendant’s intestate, in the Court of Common Pleas for the county of Norfolk, on January 8, 1850. Writ dated January 4, 1888. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: After proof of the record of the judgment, the plaintiff testified, in his own behalf, that at the time of the recovery of the judgment he resided in…
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Contract upon a judgment recovered by the plaintiff against Edwin Robinson, the defendant’s intestate, in the Court of Common Pleas for the county of Norfolk, on January 8, 1850. Writ dated January 4, 1888. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: After proof of the record of the judgment, the plaintiff testified, in his own behalf, that at the time of the recovery of the judgment he resided in Stoughton, and Edwin Robinson resided in Haverhill; that, within a short time after the entry of judgment, he procured…
1Opinion of the CourtColburn, J.
The defendant relies for his defence to this action upon § 23 of the Pub. Sts. c. 197, which is as follows: “ Every judgment and decree of a court of record of the United States, or of this or any other State, shall be presumed to be paid and satisfied at the expiration of twenty years after the judgment or decree was rendered.”
The presumption declared in this statute may be rebutted by evidence showing that the judgment has not in fact been paid, but remains justly due. Denny v. Eddy, 22 Pick. 533. Knapp v. Knapp, 134 Mass. 353. Brewer v. Thomes, 28 Maine, 81. This being so, we see no…
2Cases cited1 opinion
- Knapp v. KnappMassachusetts Supreme Judicial Court · 1883
3Cited by6 opinions
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- Haynes v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Day v. CrosbyMassachusetts Supreme Judicial Court · 1899
- DeFord v. GreenSuperior Court of Delaware · 1894
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