Public-domain · open source
OpenJurist

30 N.C. 511

Fitch v. . Porter

Supreme Court of North Carolina

Decided August 5, 1848

Supreme Court of North Carolina · decided 1848-08-05

This was an action of debt upon a judgment obtained by the'plaintiff against the defendant in the Court of Common Pleas for Richland District in the State of South Carolina. Plea, nul tiel record.

Decided 1848-08-05

Battle, J.

¶1 The Court below was undoubtedly right in deciding, that there was no such judgment as that upon which the plaintiff declared. The exemplification of the record produced showed no judgment at all, but merely an award of execution upon a judgment recited therein to have been before rendered, but the judgment itself was not produced. The plea of nul tiel record put in issue the judgment declared upon, and the plaintiff was bound to produce an exemplification of it in support of the affirmative of his plea. The judgment must be affirmed.

¶2 Per Curiam. Judgment affirmed.

/30/nc/511 · .json · Public domain