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1 Lock. Rev. Cas. 435

Miller v. Smith's Executors

Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01

A case was agreed upon by the parties to this suit, in the Supreme Court; stating that the judgment on which an action of debt was brought in 1833, was rendered against the defendant Miller, in that… Held: that at common law, presumption of payment does not attach to a judgment, although there be no evidence of partial payments or of acknowledgments of indebtedness within twenty years.

Relies on Miller v. Smith's Executors

Decided 1799-07-01

¶1Judgment of Supreme Court reversed by vote of 22 to 2, and venire de novo awarded.

¶2See opinions of Chancellor and of Senator Maison, and note of* reporter, 16 Wend. 435, 426.

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