State v. Rooney
State v. Rooney
Opinion of the Court
The questions presented by the exceptions of both parties to rulings by the superior court including dismissal of the plaintiff’s suit to enforce a New York judgment and disallowance of the defendant’s counterclaim were reserved and transferred by the Presiding Justice, Perkins, J.
On November 30, 1972, a default judgment was entered against the defendant in an action in New York brought by the plaintiff to recover certain overpayments under a contract for services rendered by the defendant in New York. Subsequently, the plaintiff brought the present action to enforce the New York judgment. Again the defendant defaulted, and judgment was entered against him on June 15, 1973, by Perkins, J. Thereafter, the judgment was vacated (Morris, J.) and the defendant filed an answer and a counterclaim for monies owed. At a subsequent hearing before Perkins, J., the Court ruled that the New York judgment “is an in rem judgment and therefore the action on saidjudgment in New Hampshire does not lie and accordingly is dismissed”.
Examination of the record before us indicates that the New York judgment was a valid in personam judgment entitled to full faith and credit in our courts. Sampson v. Conlon, 100 N.H. 358, 126 A.2d 250 (1956); Moore v. Moore, 96 N.H. 130, 71 A.2d 409 (1950); Emery v.
Exceptions sustained; remanded.
Reference
- Full Case Name
- State of New York v. George F. Rooney
- Status
- Published