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2 F. Cas. 905

Barr v. Simpson

United States Circuit Court

Decided October 15, 1832

United States Circuit Court · decided 1832-10-15

At law. The declaration in this case, was on a judgment obtained by the plaintiffs [Barr and Auchineloss] against the defendant, in the district court for the city and county of Philadelphia, to which there was a general demurrer and joinder in the demurrer. The only question raised was, whether this court had jurisdiction of the case.

Decided 1832-10-15

BY THE COURT.

¶1The subject matter of the suit in the state court, was a note which by the judgment became merged in the higher security. In this court, the subject of the suit was a judgment, which was conclusive evidence of a debt due the plaintiffs, who being citizens of New York, have a right to sue in this court, on any cause of action within its cognizance. We cannot discriminate between a debt due by judgment, or in any other way. An action of debt on a judgment is not like a scire facias, which must issue from the same court which rendered the judgment.

¶2The demurrer is therefore overruled and judgment rendered for the plaintiffs.

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