Court of Appeals of Virginia.
173
county in the state of Kentucky and of the court of ap-peals of that state, recovered by Clarke in his lifetimeagainst Day. And in his declaration, he set forth thatClarke recovered against Day in the circuit court of Jef-ferson, Kentucky , judgment for the said sum of 694 dollarsfor damages by him sustained by reason of Day's non-per-formance of promises, and the said sum of 49 dollars 87cents for costs ; and that the proceedings in that suit, havingbeen carried by writ of error, sued out by Day, to the courtof appeals of Kentucky , the judgment was affirmed, andjudgment was moreover given for Clarke, for the said sumof 21 dollars 43 cents for costs, and ten per cent, damagesamounting to the said sum of 83 dollars 84 cents; “ whereofthe said defendant is convicted as by the records and pro-ceedings thereof now remaining in the said circuit courtfor the county of Jefferson, and the said court of appealsfor the state of Kentucky , may more fully and at large ap-pear, which said judgments still remain in full force andeffect, not reversed, vacated, annulled, discharged or satis-fied ; whereby action accrued to the said plaintiff to de-mand and have of the said defendant the said several sums
1830 .
May.
Clarke’s
adm r
of money,” &£C.
Day demurred generally to the declaration, and Fitzhughjoined in the demurrer: And he pleaded, that he did notowe the debt demanded of him or any part thereof, con-cluding to the country; to which plea Fitzhugh demurredgenerally, and Day joined in the demurrer.
Neither the record of the proceedings in Kentucky , northe laws of that state, ascertaining the courts that renderedthe judgments to be courts of record, and the legal effectsof their judgments in that state, were in any wise madepart of the record in this case.
The circuit court of Spottsylvania held, that the plea ofnil debet was sufficient to bar the action, and that the lawon the demurrer thereto was for the defendant; and gavejudgment for Day accordingly : from which judgment Fitz-hugh appealed to this court.