The plea is not good; let judgment be entered for the plaintiffs, on the demurrer.
Churchill v. Adm'r. of Comron, 1 N.C. 555, 1 Cam. & Nor. 555 (1804)
Dec. 1804
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North Carolina Court of Conference
1 N.C. 555, 1 Cam. & Nor. 555
Churchill and Lamotte vs. Adm'r. of Abraham Comron.
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 spe-“cially, 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 favour 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 Newbern superior court, and by their order the case was referred to this court.