Opinion
(July Term, 1816.)
Judgments confessed by an executor or administrator is not a good plea for him.
THIS is an action of the same nature as the foregoing. The writ was executed at the same time, returned to the same court, the pleas the same as in that case, and entered at the same time; but that case stood first on the docket. And not, at this term, after trial of that case and judgment for the plaintiff, the defendant moved for leave to plead that judgment as a plea since the last continuance, in discharge of the assets pro tanto in this case. And it is agreed to be referred to the Supreme Court to decide whether this plea shall be admitted. And it is further agreed that in other respects this case shall be governed by the decision of the Supreme Court in the foregoing case of Littlejohn v. Underhill, ante, 377.
Browne for plaintiff. (382)
The judgment cannot be pleaded in the manner proposed.
NOTE. — See Churchill v. Comron, 5 N.C. 39, and also Woolford v. Simpson, 3 N.C. 132, and the cases referred to in the note thereto.
Cited: Hall v. Gulley, 26 N.C. 351.