
    Columbia, JYovebiber 'term, 1813.
    Thomas L. McIntire vs. Adam Caruth.
    Taylor, for the Motion-,
    
    Saxost, Contra,.
    Casé from Green Ville district. Constitutional Court of Appeals, November; 1814:
    Motion to reverse judgment for defendant in demurrer. The plaintiff in this case brought his action of debt on an exemplification of a judgment from North-Carolina. The presiding judge (Brevard) gave judgment for the defendant on this demurrer, as he was of Opinion the debí would not lié in this case, for that assumpsit was the appropriate remedy on a foreign judgment. This is, therefore, a motion to set aside this decision as against law.
    In support of this motion, it was contended that thé demurrer admits the judgment to have been regularly entered up in North-Carolina, against the defendant, for the amount of debt an d costs, whibh establishes the debt against him; and, therefore., judgment ought to have been for the plaintiff in the action.
   Bay, J.

I am of opinion that the judgment in this case ought to be set aside; for the defendant admits by his demurrer all the facts necessary to establish the debt against him; and, therefore, I ' 9 ' think the plaintiif was entitled to his judgment against him in the action of debt. If the defendant had pleaded nul tiel retord, then the judgment in that case would have been open for examination, and if it had been informal or defective, that would have been a good cause for a non-suit. It was alleged in the argument that there was only a finding of a jury against the defendant, (or verdict,) but no final judgment entered up. But it is now too la,\,e after judgment to take advantage of such a defect.

Justices Smith, Colcock, and Grimke concur-, red.

Brevard J. dissented.  