Dunn v. Hill

Decided July 1, 1874

Supreme Judicial Court of Maine · decided 1874-07-01

On exceptions from the superior court. Debt on a judgment of the superior court, to which the defendant pleaded that he did not owe, and filed a brief statement of payment and fraud. The plaintiff demurred’ to the plea. The demurrer was joined and sustained, and the plea adjudged bad ; to which the defendant excepted.

Decided 1874-07-01

Appleton, C. J.

¶1This 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.

¶2It 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.

¶3Exceptions overruled.

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