GIBSON v. GILLESPIE

No. 4.

22 F.2d 807 (1927)

GIBSON v. GILLESPIE.

District Court, D. Delaware.

December 1, 1927.


Attorney(s) appearing for the Case

James R. Morford (of Marvel, Layton & Morford), of Wilmington, Del., for plaintiff.

Robert H. Richards, of Wilmington, Del., for defendant.


MORRIS, District Judge.

Relying upon the recent amendment to the rules of this court with respect to pleadings in common-law actions, wherein it is provided that the general issue shall not be pleaded, the plaintiff has moved to strike out the plea of nul tiel record as a defense to an action on a foreign judgment. In opposition to the motion the defendant asserts that the plea is not a general issue, though it is sometimes so called, but is in law and in fact a special...

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