Hampton v. M'Connel - United States Supreme Court

Hampton v. M'Connel

By United States Supreme Court

  • Release Date: 1818-02-24
  • Genre: Law
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Feb. 14th. Mr. Hopkinson, for the plaintiff in error, suggested, that if, under any possible circumstances, the plea of nil debet could be a good bar to the action, a general demurrer was insufficient. He cited Mills v. Duryee,1 a and stated that the present case, might, perhaps, be distinguished from that, as it would seem that in Mills v. Duryee the defendant had actually appeared to the suit upon which the original judgment was recovered; but that in the present case there was no averment in the declaration to that effect, and the proceeding in the former suit might have been by attachment in rem, without notice to the party.

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