Baldwin v. Hale

New York Supreme Court

Baldwin v. Hale

17 Johns. 272

CourtNew York Supreme Court

DecidedJanuary 15, 1820

StatusPublished

Cited by4 cases

This text of 17 Johns. 272 (Baldwin v. Hale) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baldwin v. Hale, 17 Johns. 272 (N.Y. Super. Ct. 1820).

Pincite

Opinion

Per Curiam.

In the case of Collins v. Lord Matthews, (5 East’s Rep. 473.) it was decided that a plea of nul tiel record, pleaded to an action of debt, on an Irish judgment, must conclude to the country ; for though since the Union such judgment is a record, yet it is only provable by an examined copy on oath, the verity of which is only triable by a jury. The Circuit Court of the United States, in relation to this court, is [218]*218neither a superior nor an inferior court; but is to be regarded as a court of another government Their records, therefore, as to this purpose, are foreign records, and the verity of them must be tried by a jury. The original record of that court cannot be brought here to be inspected by this court; nor can the tenor of it be brought, in by a certiorari or mittimus out of chancery. (1 Chitty’s PI. 537. 1 'Field’s Pr. 691.)

*We are of opinion, therefore, that the objection taken to the conclusion of the replication is well founded, and that the defendant is entitled to judgment on the demurrer: but the plaintiffs have leave to amend.

Judgment for the defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

In the case of Collins v. Lord Matthews, (5 East’s Rep. 473.) it was decided that a plea of nul tiel record, pleaded to an action of debt, on an Irish judgment, must conclude to the country ; for though since the Union such judgment is a record, yet it is only provable by an examined copy on oath, the verity of which is only triable by a jury. The Circuit Court of the United States, in relation to this court, is [218]*218neither a superior nor an inferior court; but is to be regarded as a court of another government Their records, therefore, as to this purpose, are foreign records, and the verity of them must be tried by a jury. The original record of that court cannot be brought here to be inspected by this court; nor can the tenor of it be brought, in by a certiorari or mittimus out of chancery. (1 Chitty’s PI. 537. 1 'Field’s Pr. 691.)

*We are of opinion, therefore, that the objection taken to the conclusion of the replication is well founded, and that the defendant is entitled to judgment on the demurrer: but the plaintiffs have leave to amend.

Judgment for the defendant.

Cite This Page — Counsel Stack

Bluebook (online)

17 Johns. 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-hale-nysupct-1820.

Opinion

Related

Cite This Page — Counsel Stack