
    CONSTITUTIONAL COURT, COLUMBIA,
    NOV., 1813.
    Thomas L. M’Intire v. Adam Caruth.
    Debt is a proper action on a judgment of another State. On demurrer to such an action, held that it was properly brought.
    Case from Greenville 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 debt would not lie in this case, for that as-sumpsit 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 the demurrer admits the judgment to have been regularly entered up in North Carolina, against the defendant, for the amount of debt and costs, which establishes the debt against him; and, therefore, judgment ought to have been for the plaintiff in the action.
    Taxlor, for the motion. Saxos, contra.
    
   Bax, J.

I am of opinion, that the judgment in this case ought j0 {,e ge¡. asj(je . for the defendant admits by his demurrer all the facts necessary to establish the debt against him ; and, therefore, I think the plaintiff was entitled to his judgment against him in the action of debt. If the defendant had pleaded "nul tiel record, 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 nonsuit. 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 late after judgment to take advantage of such a defect.

' Smith, Colcock, and Grimke, concurred. Brevard, J., dissented.  