Legal Opinion

Short v. Wilkinson

U.S. Circuit Court for the District of District of Columbia

Decided June 15, 1811PublishedCited by 1 opinion

Debt on a judgment obtained in a State court in Kentucky. The defendant pleaded nil debet, and payment. When the cause was called for trial, Mr, Jones and Mr. Laiv, for the defendant, moved to be allowed to strike out the plea of nil debet, and to substitute the plea of nul tiel record. objected that it was now too late, and that nul tiel record is an improper plea.

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Debt on a judgment obtained in a State court in Kentucky. The defendant pleaded nil debet, and payment. When the cause was called for trial, Mr, Jones and Mr. Laiv, for the defendant, moved to be allowed to strike out the plea of nil debet, and to substitute the plea of nul tiel record. objected that it was now too late, and that nul tiel record is an improper plea. If the plaintiff will consent to take his judgment on the plea of nil debet, it is not for the defendant to object that it is an immaterial plea. • The defendant is as much interested in seeing that the pleadings are regular, as…

1Opinion of the Court

By the CouRT. (Cranch, C. J., absent.)

The amendment is allowed on paying the costs of the term, and on the plaintiff’s being allowed a continuance if he wishes it.

*• They said it had been decided, on demurrer, during this term, that a judgment of a State court is a domestic judgment, and that nil debet is an improper plea to an action of debt upon such a judgment. So, in Skyren v. Lindo, in Alexandria, where the plaintiff brought an action upon the ease on a judgment obtained in Virginia, and the defendant was held to bail on affidavit, the Court suffered him to appear without special bail;…

2Cited by1 opinion

  1. In re Attachment of SpencerDistrict of Columbia Court of Appeals · 1883

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