Christmas v. Russell

72 U.S. 290, 5 Wall. 290 (1866)

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Christmas v. Russell

United States Supreme Court
72 U.S. 290, 5 Wall. 290 (1866)

Facts

In November 1857, Wilson won a money judgment against Christmas (defendant) in Kentucky state court based on a promissory note that was made and signed in Mississippi in 1840. Wilson then sued Christmas in federal court in Mississippi to collect on the Kentucky judgment. Christmas responded, among other things, that the Kentucky suit was time-barred by Mississippi law and that the Kentucky judgment had been fraudulently obtained. Wilson demurred to these defenses (i.e., Wilson sought to dismiss the defenses as not entitling Christmas to legal relief even if the alleged facts were true). The Mississippi trial court agreed with Wilson and dismissed the statute-of-limitations and fraud defenses. Christmas appealed.

Rule of Law

Issue

Holding and Reasoning (Clifford, J.)

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