Marx v. Logue

Citations

• 71 Miss. 905

Syllabus

<p>1. Pleading. Action on judgment. General issue nul tiel record.</p> <p>The only general issue in an action on a judgment is nul tiel record.</p> <p>2. Limitations. Action on foreign judgment. Code 1892, § 2744.</p> <p>Under ? 2744, code 1892, providing that if the defendant in an action on a foreign judgment he, at the time of the institution oE the suit, a resident of this state, the action shall be commenced within three years, a plea of the statute of limitations of three years in such suit is bad, if it fails to aver that the defendant was a resident of this state at the time suit was instituted.</p> <p>3. Supreme Court. New point. Evidence of assignment.</p> <p>In an action on a foreign judgment by an assignee, where the only plea filed is nul tiel record, it is too late to object in the supreme court, for the first time, that there was no evidence showing a transfer of the judgment to plaintiff.</p>