The Judgment cannot be pleaded in the manner proposed.
Collins v. Underhill's Executor, 5 N.C. 579, 2 Car. L. Rep. 579 (1816)
July 1816
·
Supreme Court of North Carolina
5 N.C. 579, 2 Car. L. Rep. 579
Collins v. Underhill's Executor.
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 now at this term, after the 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's Executor.
Browne, for the plaintiff.
I believe the plea of plene administravit will not be received when it delays the plaintiff.
*580A plea of judgments recovered since the plea will not be admitted.—2 Hayw. 155.
And if admitted, not good—Conf. Rep. 555.
By administering, the defendant got the advantage of retaining that which he hath lost by misconducting his business.