Thfe plea is. not -good; let judgment be entered for the plaintiffs, on the demurrer.
Churchill v. Adm'r of Comron, 5 N.C. 39, 1 Mur. 39 (1804)
Dec. 1804
·
Supreme Court of North Carolina
5 N.C. 39, 1 Mur. 39
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 the return a Sci.Fa. issued against his administrator. The Sci. Fa. was returned io February sessions, executed, and the administrator appeared and plead, Set off, fully administered generally and specially, former judgments, m assets but to the amount of £120. •which are liable tb a suit, Slade and Jocelyn against defendant.” At May session 1800, the defendant plead “ a judgment confessed in favour of Sladé 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.