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Nul tiel record

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NUL TIEL RECORD, pleading. No such record
     2. When a party claims to recover on the evidence of a record, as in an action on scire facias, or when he sets up his defence on matter of record, as a former acquittal or former recovery, the opposite party may plead or, reply nul tiel record, there is no such record; in which case the issue thus raised is called an issue of nul tiel record, and it is tried by the court by the inspection, of the record. Vide 1 Saund. 92, n. 3 12Vin. Ab.188; 1 Phil. Ev. 307,8; Com. Dig. Bail, R. 8 Certiorari, A l Pleader, 2 W 13, 38 Record, C; 2 McLean, 511; 7 Port. 110; 1 Spencer, 114.



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64) While agreeing that "the plea of nul tiel record was improper," (65) however, they disregarded that plea as a "mere nullity" (66) because plaintiffs' declaration had fairly described it "as a record of a Court in Jamaica," (67) and "[a]s such it [was] to be tried by the country .
 
 
 
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