Clark v. Mann

Decided July 1, 1851

Supreme Judicial Court of Maine · decided 1851-07-01

Report from the District Court. The plaintiff had brought an action against the defendant, before a Court in Massachusetts, and the officer had returned upon the writ in that suit, as follows: — ■ “By virtue of this writ, I attached the property in the rooms occupied by the within named Mann, consisting of office furniture, vials, &c., and placed the same in custody of a keeper, but subsequently was directed by plaintiff and plaintiff’s attorney to discharge the keeper and…

Cited in Bouvier (1914)’s definition of “Nul Disseisin” · Cyclopedic (1922)’s definition of “Nul Tiel Corporation”

Decided 1851-07-01

Shepley, C. J., orally.

¶11. Nil debet is pleaded. There are diversities of rulings ■ among the States, in the matter of foreign judgments, and as to the forms of pleading in suits on judgments recovered in *270another State. Upon this point, it is, in this case, unnecessary to offer an opinion.

¶22. It is not sufficiently shown that the Court in Massachusetts had any jurisdiction of the defendant’s person or property.

¶33. Payment may be proved under a plea of nil debet.

¶4A receipt, though not under seal, is at least prima facie evidence of payment. Judgment for the defendant.