Dunn v. Hill

Supreme Judicial Court of Maine

Dunn v. Hill

63 Me. 174

DecidedJuly 1, 1874

StatusPublished

This text of 63 Me. 174 (Dunn v. Hill) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunn v. Hill, 63 Me. 174 (Me. 1874).

Pincite

Opinion

Appleton, C. J.

This is debt on a judgment recovered before the superior court for the county of Cumberland, to which the defendant has pleaded nil debet. To this plea a demurrer has been filed.

It is well settled when the action is grounded on a record or specialty that nil debet is no plea. This rule is the result of the authorities. Bullis v. Giddens, 8 Johns., 82. The proper plea is nul tiel record, when the judgment upon which the action is brought was recovered before a court of record of this State.

Exceptions overruled.

"Walton, Dickerson, Barrows, Virgin and Peters, JJ., concurred.

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Appleton, C. J.

This is debt on a judgment recovered before the superior court for the county of Cumberland, to which the defendant has pleaded nil debet. To this plea a demurrer has been filed.

It is well settled when the action is grounded on a record or specialty that nil debet is no plea. This rule is the result of the authorities. Bullis v. Giddens, 8 Johns., 82. The proper plea is nul tiel record, when the judgment upon which the action is brought was recovered before a court of record of this State.

Exceptions overruled.

"Walton, Dickerson, Barrows, Virgin and Peters, JJ., concurred.

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Bluebook (online)

63 Me. 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-hill-me-1874.

Opinion

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