Hampton v. M'connel
Cases that cite this one
176 later published cases cite this decision. The 24 that cite it most often are listed here.
- Wilkes Ex Rel. Mason v. Phoenix Home Life Mutual Ins. Co. (Pa. 2006)
- Trustmark National Bank v. Miller (Tenn. Ct. App. 2006)
- The Mirage Casino-Hotel v. Pearsall (Tenn. Ct. App. 1997)
- City of Philadelphia v. Austin (N.J. 1981)
- Boudreaux v. Welch (La. 1966)
- Andrews v. Herriot (New York Supreme Court 1825)
- Middlebrooks v. Sacor Fin., Inc. (United States District Court for the Northern District of Georgia 2018)
- In re Chaitan (United States Bankruptcy Court, E.D. New York 2014)
- Widenhouse v. Colson (S.C. 2013)
- Adar v. Smith (5th Cir. 2011)
- Adar v. Smith (5th Cir. 2011)
- Adar v. Smith (5th Cir. 2011)
- NOBL PARK, LLC OF VANCOUVER v. Shell Oil Co. (Wash. Ct. App. 2004)
- In re Cohoes Industrial Terminal, Inc. (United States Bankruptcy Court, S.D. New York 1986)
- Kessel v. Triangle Film Corp. (Appellate Division of the Supreme Court of New York 1923)
- Fauntleroy v. Lum (Supreme Court of the United States 1908)
- Steven Darshune Harrison (United States Bankruptcy Court, D. New Mexico 2023)
- Dewayne Douglas Dowd, Sr. Individually and as Administrator of the Estate of Cora Lee Dowd (Deceased) v. Helena Emergency Physicians, Pllc (La. Ct. App. 2022)
- Greenfield Advisors, LLC v. Salas (La. Ct. App. 2018)
- In re The Estate of Jimmy L. Smith (Tenn. Ct. App. 2017)
- Ex parte E.L. (Ala. 2015)
- BancorpSouth Bank v. David J. Johnson, Eugene Gibson, and Cheryl Gibson (Tenn. Ct. App. 2013)
- Nader v. SERODY (D.C. 2012)
- Livingston v. Naylor (Md. Ct. Spec. App. 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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 plea-ed in any either court in the United States.
Judgment affirmed. 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 rn every other state, declaring that the record of a judgment duly authenticated shall have such faith and *236 credit as it has in' the state court from whence it was taken; if in such court it has the. effect of record evidence, it must have the same effect in every other court within the United States. 2d. That in every case arising ynder the act, the only inquiry is,what is. the effect of the judgment in t.he state where it was rendered. 3d. That whatever might be the effect of a plea of nil deb'et to an action on a state judgment, after verdict, it could not be sustained on demurrer. 4th. That on such a plea the original record need sot be produced for inspection, but thát an exemplification thereof is sufficient. 5th. That the act applies to the courts of the-district of Colombia, and to every -other court within the United States.
In the argument of Bordon v Fitch, 15. Johns. Rep, 121. in the supreme court 'of Nevr York, it sce.ms to have been supposed that this court had decided in Mills v. Duryee, that nul tiel record was the only proper plea to.an action upon a state judgment. But it is. conceived that as to the pleadings, it only decided that nil debet tfas not a proper plea; and that the court would hold that any plea (as well as nul tiel record) that would avoid the judgment, if technically pleaded, would, be good. However this may be,- it "may safely be affirmed, that the question is still open in this court whether a special plea of fraud might not be pleaded, or a plea to the jurisdiction of the court in which the judgment was obtained; for these might, in' some cases, be pleaded in the state court to avoid the judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.