PENNINGTON V. GIBSON, 57 U. S. 65 (1853)

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U.S. Supreme Court

Pennington v. Gibson, 57 U.S. 16 How. 65 65 (1853)

Pennington v. Gibson

57 U.S. (16 How.) 65


Whenever the parties to a suit and the subject in controversy between them are within the regular jurisdiction of a court of equity, the decree of that court is to every intent as binding as would be the judgment of a court of law.

Whenever, therefore, an action of debt can be maintained upon a judgment at law for a sum of money awarded by such judgment, the like action can be maintained upon a decree in equity which is for a specific amount, and the records of the two courts are of equal dignity and binding obligation.

A declaration was sufficient which averred that "at a general term of the supreme court in equity for the State of New York," &c. Being thus averred to be a court of general jurisdiction, no averment was necessary that the subject matter in question was within its jurisdiction. And the courts of the United States will take notice of the judicial decisions in the several states, in the same manner as the courts of those states.

Page 57 U. S. 66

The facts of the case are set forth in the opinion of the Court.

Page 57 U. S. 74

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