DEBTS. RECOVERY OF (ante), in the United States ordinarily by an action at law. Such action lies where even the sum due is certain or ascertained in such a manner as to be readily reduced to a certainty, without regard to the manner in which the obligation was incurred or is evidenced: It is thus distinguished from assumpsit, which lies as well where the sum due is uncertain as where it is certain, and from covenant, which lies only upon contracts evidenced in a certain manner. It is said to lie in the debct and detinet. Debt in the detinet for goods differs from detinue, because it is not essen tial in this action, as in detinue, that the specific property in the goods should have been vested in the plaintiff at the time the action is brought. The declaration, when the action is founded on a record, need not aver consideration. When it is founded on a specialty, it must contain the specialty, but need not aver the consideration; but when the action is for rent the deed must be declared on. When it is founded on a simple contract, the consideration must be averred; and a liability or agreement, though not necessarily an express promise-to pay, must be stated. The plea of "no debt" is the
general issue upon the action on a simple contract, on statutes, or where a specialty is matter of inducement merely. " It is not true," is the common plea when on specialty, denying the execution of the instrument; and " not on record," when denying the existence of the record. The judgment is, generally, when for the plaintiff, that the plaintiff receive his debt and costs; and when for the defendant, that the defendant receive his debt and costs. A judgment in an action for the recovery of a debt itself constitutes a new debt, on which another action may be brought, unless there be some statutory restriction, as there is in some of the states. Under the codes of procedure in some states the technical action for debt no longer exists, as there is but one civil action.