White v. Converse & Phelps
New York Supreme Court
Demurrer to a plea of nil debet put in to a declaration in debt on recognizance of bail in this court.
1Opinion of the Court
By the Court.
The plea is bad. It has been supposed by counsel that the language of the Revised Statutes in the section 2 R. S. 352, § 10, authorizing notice of matter intended to be proved on the trial to be given with the plea in certain cases, had changed the rule of pleading in allowing nil debet to be interposed in cases where heretofore it had not been permitted. This is a mistake. The language of the statute is “ whenever he,” the defendant, “shall plead nil debet to an action of debt on. judgment,” he may give notice, &c. The sole object of the statute in reference to this plea was to…
2Cited by6 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Wheaton & Doolittle v. FellowsNew York Supreme Court · 1840
- State v. SutcliffeSupreme Court of Rhode Island · 1889
- Gassner v. SandfordThe Superior Court of New York City · 1849
- Newman v. BaschCity of New York Municipal Court · 1915
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