Hinton v. First National Bank

Mississippi Supreme Court
Hinton v. First National Bank, 98 Miss. 120 (Miss. 1910)
53 So. 344
Whitfield

Hinton v. First National Bank

Opinion of the Court

Whitfield, 0.

To an action in debt on a judgment regularly obtained, _ the defendant pleaded nil debet. The plaintiff demurred to this plea, and its demurrer was sustained, and judgment followéd for the plaintiff, and defendant appeals. If the defendant desired to plead payment, discharge, or release, of other like matter, it should have so specially pleaded. The plea of nil debet was simply an effort to relitigate the merits of the quesT tion of debt or no debt, and the demurrer was properly sustained. Affirmed.

Per Curiam. For the reasons indicated in the above opinion, that opinion is adopted as the opinion of the court, and the judgment is affirmed.

Reference

Full Case Name
Jane H. Hinton v. First National Bank of Lumberton
Status
Published
Syllabus
Judgments. Suits upon. Pleading. Defenses. The plea of nil dedet to a declaration upon a judgment is demur- ' rabie; the only pleas to an action upon a judgment other than nul tiel record, are payment, discharge, release and the like, since the defendant can not relitigate the merits of the question of debt.