Wheaton & Doolittle v. Fellows
New York Supreme Court
Demurrer to plea. This was an action of debt on judgment rendered in the justices’ court of the city of Albany. The plaintiffs declared in the usual form of declaring on judgments in courts of record. Plea nil debet. Demurrer and joinder.
1Opinion of the CourtBronson, J.
By the Court, The statute authorizing a notice of special matter to be given with the plea of nil debet to an action of debt on judgment, 2 R. S. 352, § 10, was not intended to change the form of pleading. It only applies to actions upon foreign judgments, and judgments rendered by justices of the peace, w’here the plea of nil debet was good at the common law; and not to the judgments of those courts whose records import absolute verity. In an action of debt on a judgment of the latter description, nul tiel record is the proper plea, and nil debet is bad on demurrer, though good after…
2Cases cited3 opinions
- Croswell v. ByrnesNew York Supreme Court · 1812
- White v. Converse & PhelpsNew York Supreme Court · 1838
- Scott v. RushmanNew York Supreme Court · 1823
3Cited by17 opinions
- Knapp v. RunalsWisconsin Supreme Court · 1875
- Paff v. KinneyNew York Surrogate's Court · 1849
- DeanSupreme Judicial Court of Maine · 1891
- Givens v. Merchants' National BankIllinois Supreme Court · 1877
- Hughes v. BowenSupreme Court of Iowa · 1863
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