Armstrong v. Carson's Ex'r

• Court: U.S. Supreme Court
• Writing for the Court: Wilson
• Citation: Armstrong v. Carson's Ex'r, 2 U.S. 302, 1 F.Cas. 1140, 2 Dall. 302, 1 L.Ed. 391 (1794)
• Decision Date: 01 April 1794
• Parties: Armstrong v. Carson's Executors

2 U.S. 302

1 F.Cas. 1140

2 Dall. 302

1 L.Ed. 391

Armstrong v. Carson's Executors

Circuit Court, Pennsylvania District

April Term, 1794

A judgment having been obtained in the Supreme Court of the State of New Jersey, an action of debt was brought upon it here; and the defendants pleaded nil debent.

But Bradford contended, that, consistently with the Federal Constitution Art. 4. s. 1; and the act of Congress of 26 May, 1790 (1 Vol. Swift's Ed. p. 115) the plea was inadmissible. The Constitution declares that 'full faith and credit shall be given in

each State to the public acts, records and judicial proceedings of every other State': And the act provides, that those records and judicial proceedings, being authenticated in the mode prescribed, 'shall have such faith and credit given to them in every Court within the United States, as they have by law or usage in the Courts of the State, from whence the said records are, or shall be, taken.' It is a general principle, that a debt cannot be denied, without denying the instrument on which it is founded: and the only question left open, by the act of Congress, is whether the Courts of New Jersey would sustain any other plea than nul tiel record, if the present action had been brought there.

Ingersoll declined arguing the point for the defendant...