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21 Ind. 334

Davidson v. Nebaker

Indiana Supreme Court

Decided November 15, 1863

Indiana Supreme Court · decided 1863-11-15

<p>Judgment — Action.—A judgment is a debt of record, and an action will lie to recover it, whether the judgment is foreign or domestic, and notwithstanding the plaintiff may have a remedy on the' judgment, in the Court where it was rendered, by execution or otherwise.</p>

Relies on Hunter & Davis v. Levan & Wife · Burton v. Stewart

Good law ✅— No negative treatment on recordhow we know

Decided 1863-11-15

How this case has been cited

Cited by 10 later decisions — most recently July 1916

10 state decisions

60186318701880189019001910decided

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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Worden, J.

¶1This was an action by the appellees against the appellants, upon a judgment recovered by the plaintiffs *335against the defendants, in the Circuit Court of the United States for the State of Indiana. Judgment for the plaintiffs.

Gregory & Harper and Tyler & Ristine, for the appellants.J. P. Usher, for the appellees.

¶2The ground assumed for a reversal is, that the Court below had no jurisdiction, because there was no reason shown why the plaintiffs could not have availed themselves of the benefit of their judgment, in the Court where it was rendered, by issuing execution thereon or otherwise, and, hence, that there was no necessity for suing thereon.

¶3A judgment is a debt of record, and we have no doubt an action will lie to recover such debt, whether the judgment be a foreign or a domestic one, although the plaintiff might have a remedy on the judgment, in the Court where it was rendered, by execution or otherwise. Houghton v. Raymond, 1 Sand. 682; McGuire v. Gallagher, 2 Sand. 402; Church v. Cole et al. 1 Hill 645; Pennington v. Gibson, 16 How. (U. S.) 65; The White River Bank v. Downers and Trustees, 29 Verm. 332; Chandler v. Warren, 30 Verm. 510; Ames v. Hay, 11 Cal. 12; Canfield v. Miller, 13 Gray 274; Burton v. Stewart, 11 Ind. 238.

¶4Per Curiam. — The judgment below is affirmed, with costs, and 2 per cent. damages.

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