Kimball v. Merrick

This was an action of debt, brought by Kimball and Robinson against Merrick, in the Pulaski Circuit Court. The action was founded on a judgment of the Court of Common Pleas for the county of Worcester, in the State of Massachusetts.

The defendant pleaded nul tiel record, and another plea about which no question is to be decided here.

On the trial of the issue to the plea of nul tiel record,, the plaintiffs offered in evidence two transcripts, embracing, together, the proceedings and judgment upon which the suit was founded; which the Court excluded, because they did not show that the Court,…