Hampton v. Connel

Citation3 Wheat. 234,4 L.Ed. 378,16 U.S. 234
PartiesHAMPTON v. M'CONNEL
Decision Date24 February 1818
CourtUnited States Supreme Court

16 U.S. 234
4 L.Ed. 378
3 Wheat. 234
HAMPTON
v.
M'CONNEL.
February 24, 1818

ERROR to the circuit court of the district of South Carolina.

The defendant in error declared against the plaintiff in error, in debt, on a judgment of the supreme court of the State of New York, to which the defendant below plead nil debet, and the plaintiff below demurred. The circuit court rendered a judgment for the plaintiff below, and thereupon the cause was brought by writ of error to this court.

Feb. 14th.

Mr. Hopkinson, for the plaintiff in error, suggested, that if, under any possible circumstances, the plea of nil debet could be a good bar to the action, a general demurrer was insufficient. He cited Mills v. Duryee,a

Page 235

and stated that the present case, might, perhaps, be distinguished from that, as it would seem that in Mills v. Duryee the defendant had actually appeared to the suit upon which the original judgment was recovered; but that in the present case there was no averment in the declaration to that effect, and the proceeding in the former suit might have been by attachment in rem, without notice to the party.

Mr. Law, for the defendant in error, relied upon the authority of Mills v. Duryee, as conclusive to show that nul tiel record ought to have been pleaded. He also cited Armstrong v. Carson's executors.b

Feb. 24th.

Mr. Chief Justice MARSHALL delivered the opinion of the court.

This is precisely the same case as that of Mills v. Duryee. The court cannot distinguish the two cases. The doctrine there held was that the judgment of a state court should have the same credit, validity and effect, in every other court of the United States, which it had in the state where it was pronounced, and that whatever pleas would be good to a suit thereon in such state, and none others, could be pleaed in any other court in the United States.

Judgment affirmed.c

Page 236

a 7 Crauch, 481.

b 2 Dall. 302.

c In Mills v. Duryee, 7 Cranch, 481. the following points were adjudged: 1st. That the act of 1790, ch. 38, prescribing the mode in which the public acts, records, and judicial proceedings, in each state, shall be so authenticated as to take effect in every other state, declaring that the record of a judgment duly authenticated shall have such faith and

credit as it has in the state court...

To continue reading

Request your trial
149 cases
  • Williams v. State of North Carolina
    • United States
    • United States Supreme Court
    • 21 de dezembro de 1942
    ...... within the United States as they have by law or usage in the courts of the State from which they are taken.' Chief Justice Marshall stated in Hampton v. M'Connel, 3 Wheat. 234, 235, 4 L.Ed. 378, that 'the judgment of a state court should have the same credit, . . Page 294 . validity, and ......
  • Magnolia Petroleum Co v. Hunt, 29
    • United States
    • United States Supreme Court
    • 20 de dezembro de 1943
    ......Hampton v. McConnell, 3 Wheat. 234, 235, 4 L.Ed. 378; Christmas v. Russell, 5 Wall. 290, 18 L.Ed. 475; Fauntleroy v. Lum, 210 U.S. 230, 28 S.Ct. 641, 52 ......
  • Whitley v. Spokane & Inland Railway Co.
    • United States
    • United States State Supreme Court of Idaho
    • 14 de abril de 1913
    ...... Tennessee judgments. ( Mills v. Duryee, 7 Cranch. (U.S.), 481, 3 L.Ed. 412; Hampton v. McConnel, 3. Wheat. (U.S.) 234, 4 L.Ed. 378; Cheever v. Wilson, 9. Wall, (U.S.) [23 Idaho 646] 123, 19 L.Ed. 604; Christmas. v. Russell, 5 ... such proceedings were had. ( Mills v. Duryee, 11. U.S. 481, 7 Cranch (U.S.), 481, 3 L.Ed. 411; Hampton v. M'Connel, 16 U.S. 234, 3 Wheat. (U.S.) 234, 4 L.Ed. 378; Cheever v. Wilson, 76 U.S. 108, 9 Wall. (U.S.). 108, 19 L.Ed. 604; Christmas v. Russell, 72 ......
  • John Haddock v. Harriet Haddock
    • United States
    • United States Supreme Court
    • 16 de abril de 1906
    ......ed. 446; Ammidon v. Smith , 1 Wheat. 447, 4 L. ed. 132; Smith v. Lewis , 3 Johns. 157, 3 Am. Dec. 469; Marriot v. Hampton , 7 T. R. 269; Demerit v. Lyford , 27 N. H. 541, 546; Peck v. Woodbridge , 3 Day, 30; Dilling v. Murray , 6 Ind. 324, 63 Am. Dec. 385; ... Russell , 5 Wall. 290, 302, 18 L. ed. 475, 478. Marshall, Ch. J., in Hampton v. M'Connel......
  • Request a trial to view additional results
1 books & journal articles
  • Table of Cases
    • United States
    • The Path of Constitutional Law Suplemmentary Materials
    • 1 de janeiro de 2007
    ...1101 (1918), 189, 405, 435, 563, 567, 719, 721, 740 Hammoud, United States v., 381 F.3d 316 (4th Cir. 2004), 1531 Hampton v. M'Connel, 16 U.S. 234, 4 L.Ed. 378, 3 Wheat. 234 (1818), Hampton v. Mow Sun Wong, 426 U.S. 88, 96 S.Ct. 1895, 48 L.Ed.2d 495 (1976), 1083, 1161 Hampton, J.W., Jr., &a......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT