Barr v. Simpson

U.S. Circuit Court

Barr v. Simpson

2 F. Cas. 905

DecidedOctober 15, 1832

StatusPublished

This text of 2 F. Cas. 905 (Barr v. Simpson) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barr v. Simpson, 2 F. Cas. 905 (uscirct 1832).

Pincite

Opinion

BY THE COURT.

The subject matter of the suit in the state court, was a note which by the judgment became merged in the higher security. In this court, the subject of the suit was a judgment, which was conclusive evidence of a debt due the plaintiffs, who being citizens of New York, have a right to sue in this court, on any cause of action within its cognizance. We cannot discriminate between a debt due by judgment, or in any other way. An action of debt on a judgment is not like a scire facias, which must issue from the same court which rendered the judgment.

The demurrer is therefore overruled and judgment rendered for the plaintiffs.

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BY THE COURT.

The subject matter of the suit in the state court, was a note which by the judgment became merged in the higher security. In this court, the subject of the suit was a judgment, which was conclusive evidence of a debt due the plaintiffs, who being citizens of New York, have a right to sue in this court, on any cause of action within its cognizance. We cannot discriminate between a debt due by judgment, or in any other way. An action of debt on a judgment is not like a scire facias, which must issue from the same court which rendered the judgment.

The demurrer is therefore overruled and judgment rendered for the plaintiffs.

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Bluebook (online)

2 F. Cas. 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barr-v-simpson-uscirct-1832.