Hampton v. M'Connel

ERROR to the circuit court of the district of South Carolina. The defendant in error declared against the plaintiff in error, in debt, on a judgment of the supreme court of the State of New York, to which the defendant below plead nil debet, and the plaintiff below demurred. The circuit court rendered a judgment for the plaintiff below, and thereupon the cause was brought by writ of error to this court. Feb. 14th. Mr. Hopkinson, for the plaintiff in error, suggested, that if, under any possible circumstances, the plea of nil debet could be a good bar to the action, a general demurrer was insufficient. He cited Mills v. Duryee,a and stated that the present case, might, perhaps, be distinguished from that, as it would seem that in Mills v. Duryee the defendant had actually appeared to the suit upon which the original judgment was recovered; but that in the present case there was no averment in the declaration to that effect, and the proceeding in the former suit might have been by attachment in rem, without notice to the party. Mr. Law, for the defendant in error, relied upon the authority of Mills v. Duryee, as conclusive to show that nul tiel record ought to have been pleaded. He also cited Armstrong v. Carson's executors.b     Feb. 24th. Mr. Chief Justice MARSHALL delivered the opinion of the court.