Hale v. Ross
Hale v. Ross
Opinion of the Court
Was of opinion that the certificate of discharge, created no bar to the action; and therefore, that the judgment be reversed.
The first error assigned for the reversal of the judgment of the justice, is, that the justice admitted in evidence, a certificate of a discharge of the defendant, under the insolvent law of the State of New York, not duly certified according to law.
The party complaining of this, had counsel in the court below, and did not take the objection there; and therefore, cannot avail himself of it here.
The second objection is found on the record, to wit, that the justice admitted a bound printed volume of the laws of the State of New York, to be given in evidence, although objected to at the time. It was proved by an attorney at law of the State of New York, that the volume of laws read, was universally received in the State of New York, as the statutes of that State; in this, 1 think the justice did right.
The third error relied on is, that the discharge itself, was not proper evidence to go to a jury, as containing no legal defense. The effect in one State, of a discharge under the
Huberus lays down as a maxim, this position, that “ by the courtesy of nations, whatever laws are carried into execution within the limits of any government, are considered as having the same effect everywhere, so far as they do not occasion a prejudice to the rights qf the other government, or their citizens.” A sentence pronounced in any country, or a pardon granted by those who have jurisdiction, has equal effect everywhere; subject, however, as I presume, to the same exception as in the foregoing rule.
The obligation of respect and comity, which every sovereign independent State is bound to pay to the laws of other States, is very much increased in the States composing the American Union, from the political relations in which they stand with each other, as members of one great confederacy, constituting a federal commonwealth. It is true, this does not create an absolute binding authority in the law of one State, in the territory of the other; but in reason and policy it greatly adds to the respect in one nation, paid to the laws and public acts of another. The law of New York is a
If the plaintiff had made out a case of palpable fraud, on the part of the defendant, or a collusive evasion of the laws of his own State, or that of New York, I will not say but that it might have altered the case. We might in such case, not think it our duty to carry our comity to the laws of a sister State, so far [*] as to protect fraud, and screen the delinquent; but as this case is circumstanced, I think the defense ought to be supported, and the judgment affirmed.
I have inclined to an opinion, that the discharge, under the circumstance of the case, was not a sufficient bar to the action; but on looking into the cases reported in Balias, I am led to think, that the courts in Pennslyvania would receive the discharge as a valid act; and they cannot expect that we should go further in protecting their citizens against the law and judicial proceedings of a sister State, than they themselves would do. I therefore acquiesce in affirming the judgment.
Judgment affirmed.
Overruled in Vanuxem v Hazelhurst, 1 South. 192; Wood v. Malin, 5 Halst. 208.
Criticised in Van Buskirk v. Mulock, 3 Harr. 184.
See Taylor v. Webster, 10 Vr. 102; Condit v. Blackwell, 4 C. E. Gr. 193.
Contra, South. 198, 466. 5 Halst. 808. Vide 4 Wheat. 197.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.