Opinion
December Term, 1804.
In a suit against an administrator a plea of judgment confessed since last continuance is bad on demurrer.
The plaintiffs sued out a writ against A. C., returnable to Jones County Court, November session, 1799. The writ was executed; the defendant died before the return, and at the return a sci. fa. issued against his administrator. The sci. fa. was returned to February sessions, executed, and the administrator appeared and plead, "Set-off, fully administered generally and specially, former judgments, no assets but to the amount of £ 120, which are liable to a suit, Slade and Jocelyn against defendant." At May session, 1800, the defendant plead "a judgment confessed in favor of Slade and Jocelyn, and other judgments since the last continuance, and no assets over." To this plea the plaintiffs demurred generally.
The County Court gave judgment on the demurrer for the defendant; the plaintiffs appealed to New Bern Superior Court, and by their order the case was referred to this Court.
The plea is not good; let judgment be entered for the plaintiffs on the demurrer.
Cited: Hall v. Gully, 26 N.C. 347.