Pope County IL Archives Court.....Chipps, V Yancey 1819-31
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 27, 2008, 11:07 pm

Source: Reports Of Cases Illinois
Written: 1819-31

DECEMBER TERM, 1819.

Amos Chipps, Appellant, v. Thomas Yancey, Appellee.

APPEAL FROM POPE. 

The plea of nil debet is not a good plea to an action of debt upon a record.

Opinion of the Court.* This was an action of debt on a judgment rendered in 
the State of Kentucky. The defendant pleaded nil debit, to which there was a 
demurrer, which the court sustained. To reverse this opinion, this appeal was 
taken. It is considered by the court, that the judgment of the court below, 
sustaining the plaintiff's demurrer, to the defendant's plea, be affirmed with 
costs. (a) (1)

Judgment affirmed.

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*Justice Wilson having decided this cause in the court below, gave no opinion.

(a) Nil debet is a bad plea in an action of debt brought on a judgment 
obtained in another State. Armstrong v. Carsars, exr., 2 Dall., 302. Mills v. 
Duryee, 7 Cranch, 480.

Nil debet is not a good plea to an action of debt on a recognizance, nor to 
any action founded on a record or specialty. Bullis v. Giddins, 8 Johns., 82.

(1) In an action of debt brought on a sheriff's bond, the plea of nil debet is 
bad on demurrer. Where a bond is the foundation of an action of debt, nil 
debet is not a good plea. It is otherwise where the instrument is but the 
inducement to the action. Davis v. Burton et al., 3 Scam., 42. King v. Ramsey, 
13 Ills. R., 622.

Additional Comments:
Reports of Cases at Common Law and in Chancery, Argued and Determined in the 
Supreme Court of the State of Illinois, From its First Organization in 1819, 
to the End of December Term, 1831. By Sidney Breese, Counsellor at Law. Second 
Edition, with Additional Notes, By Edwin Beecher. Chicago: Callaghan & 
Company, 1877.

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