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13 Johns. 329

Raymond v. Smith

New York Supreme Court

Decided August 15, 1816

New York Supreme Court · decided 1816-08-15

THIS was an action of debt on a judgment, in which the deJ ° ^7 fendant had pleaded nul tiel record, with notice, that he should r s y ^ give in evidence, under that plea, his discharge under the insolvent act.

Cited by 1 later decisions — most recently July 1855

Good law ✅— No negative treatment on recordhow we know

Decided 1816-08-15

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Per Curiam.

¶1The plea of nul tiel record is not that general issue intended by the statute, under which the defendant is au“thorized to give notice of the special matter of defence of which he intends to give evidence at the trial. The statute has' reference to such issues only as are to be tried by the country. The defendant ought to have pleaded his discharge specially.

¶2Motion denied.

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