Hampton v. M'Connel/Opinion of the Court

by John Marshall

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 pleaed in any other court in the United States.

Judgment affirmed.c

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 under the act, the only inquiry is, what is the effect of the judgment in the state where it was rendered. 3d. That whatever might be the effect of a plea of nil debet 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 not be produced for inspection, but that 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 New-York, it seems 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 was 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.

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