Miller v. Pennington
Miller v. Pennington
Opinion of the Court
The Court below gave judgment for the defendant on the plea of nul tiel record, because the suit in Georgia’was prosecuted against the defendant by attachment as a non-resident debtor, and it did not appear that he was advised of its pendency. We are of opinion that the exemplification is prima Jade evidence
Though we are of opinion that the Court below erred, we cannot render a judgment here for the sum claimed by the plaintiff, as there appears in the record another plea undisposed of. The judgment below is therefore reversed, and the cause is remanded.
Ante pa e 124. ’
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