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2 Cal. 99

Thompson v. Monrow

California Supreme Court

Decided January 15, 1852

California Supreme Court · decided 1852-01-15

Thompson filed his complaint against Monrow, stating that on the 11th of December, 1846, James M. Moore recovered judgment against the defendant, in the Court of Common Pleas of the County of New York, State of New York, for $1687.05, as appeared by the record thereof, proferí of an exemplified copy whereof was made; that on the 6th of October, 1850, Moore sold and assigned said judgment to the plaintiff; and that the judgment was still in full force, and unsatisfied; and…

Good law ✅— No negative treatment on recordhow we know

Decided 1852-01-15

How this case has been cited

Cited by 10 later decisions — most recently January 1957

1 district · 9 state decisions

4018521860187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Justice Heydeneeldt

¶1delivered the opinion of the Court. According to the well settled doctrine of several of the highest Courts of other States, we must judicially know (presume ?) that the common law is the rule of decision in the other States, unless the contrary is expressly shown. It follows that, as no judgments at common law carried interest, none should be here allowed on a judgment rendered in the State of New York, where there is no evidence showing that the common law had been altered by statute of that State.

¶2But in the record of the case now under consideration, it nowhere appears that the Court below did allow interest upon the judgment. It is true that the judgment below is for a much larger sum than the New York judgment sued upon ; but that may have resulted from the addition of the costs. We cannot presume error unless it is clearly disclosed.

¶3Let the judgment be affirmed.

¶4The appellant filed a petition for a rehearing, which the Court overruled, February 18.

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