State v. Sutcliffe
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This action was seire facias on a defaulted recognizance. The' defendant pleaded nul tiel record, also nil debet, and that he did not acknowledge himself indebted as the State hath declared against him. On motion of the State, all the pleas were stricken out except that of nul tiel record.
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Exceptions to the Court of Common Pleas. This action was seire facias on a defaulted recognizance. The' defendant pleaded nul tiel record, also nil debet, and that he did not acknowledge himself indebted as the State hath declared against him. On motion of the State, all the pleas were stricken out except that of nul tiel record. Under this plea the defendant sought to show that the court which took the recognizance did not have jurisdiction of the complaint in which it was taken, that the defendant was not the recognizor, that the defendant neither recognized nor acknowledged himself…
1Per curiam
It is settled that, in scire facias on a recognizance under the plea of nul tiel record, the only question is whether there be such a record, and that is a question to be decided by the court on inspection. Stephen on Pleading, *101. It follows that the attempt to raise other issues under the plea was rightly disallowed, and the exceptions taken for their disallowance must be overruled.
Horatio Rogers, Attorney General, for plaintiff. George J. West 8¡- Thomas W. Robinson, for defendant.
The defendant, besides pleading nul tiel record, pleaded specially “ that he does not owe to the said State of…
2Cases cited2 opinions
- White v. Converse & PhelpsNew York Supreme Court · 1838
- Renoard v. NobleNew York Supreme Court · 1801
3Cited by2 opinions
- State v. Sureties of KrohneWyoming Supreme Court · 1893
- Dilley v. StateIdaho Supreme Court · 1892