
    Isaac J. Dunn vs. Charles P. Hill.
    Hul tiel record is the proper plea to a domestic judgment.
    
    
      Nil debet, pleaded to a domestic judgment, is demurrable. The proper plea is nwl tiel record.
    
    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.
    
      M. P. Franh, for the defendant.
    
      T. T. Snow, for the plaintiff.
   Appleton, C. J.

This 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.

It 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.

Exceptions overruled.

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