Cavender

delivered the opinion of the Court.

This action was commenced upon a foreign judgment.

Answer — Nul tiel record and the Statute of Limitations.

To the last plea the plaintiff demurred; demurrer sustained and the cause prosecuted to trial. Judgment for plaintiff.

The errors assigned are: first, the judgment of' the Court below, sustaining the plaintiff’s demurrer; and second, the allowance of interest upon said judgment.

The appellant, to sustain the first ground of error, relies upon the Statute of 1852, entitled “An Act Defining the Time of Commencing Civil Actions in Certain Cases,” which only alters a portion of section 17th, of the Act of *254 April 22d, 1850, but does not change that part of the statute under which this suit was brought. The language of the Act of 1850, unchanged by the subsequent Act of 1852, is, that “An action may be brought within five years upon a judgment or decree of any Court of the United States, or of any State or Territory within■ the United States,” and the Court below properly sustained the plaintiff’s demurrer.

Upon the second point, we are of the opinion there is error. The bill of exceptions purports to set forth “all the evidence…