Rush v. Cobbett
New York Supreme Court
This was an action of debt, on a judgment of the supreme court of the state of Pennsylvania. The defendant, pleaded nil debet, and payment.
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This was an action of debt, on a judgment of the supreme court of the state of Pennsylvania. The defendant, pleaded nil debet, and payment. The cause was tried before Mr. Justice Lewis, at* the New York circuit, the 27th November, 1800. - At the trial, the counsel for the plaintiff contended, that he was not bound to produce the record of the judgment of the court in Pennsylvania; that the pleas of nil debet and payment, admitted the record to be, as it had been declared on by the plaintiff, and it was only necessary for him to have Ihe damages assessed by the jury. The defendant’s counsel…
1Opinion of the CourtRadcliff, J.
The question is, whether, under the plea of nil debet, the record of the judgment in Pennsylvania, ought to have been proved.
1. If the plea of nil debet had any effect or operation, I think it was incumbent on the plaintiff to prove the record. *257It is the general issue, which admits nothing, and is a total and general denial of the plaintiff’s right of action.(a)
2. The question whether the plea was proper, arises on the face of the record, and, if improper, it ought to have been answered by demurrer, or not to have been answered at all, and treated as a nullity. By taking issue upon it, the…
2Cases cited17 opinions
- Hampton v. M'connelSupreme Court of the United States · 1818
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Starbuck v. MurrayNew York Supreme Court · 1830
- Aldrich v. KinneySupreme Court of Connecticut · 1822
- Thomas v. RobinsonNew York Supreme Court · 1829
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3Cited by5 opinions
- Simmons v. . SissonNew York Court of Appeals · 1863
- Moore v. LeseurSupreme Court of Alabama · 1851
- Bullis v. Giddens & BrownNew York Supreme Court · 1811
- Whitaker v. BramsonU.S. Circuit Court for the District of Southern New York · 1855
- Simmons v. SissonNew York Court of Appeals · 1863