Hendricks v. Rogers

1. Without considering the various questions suggested by the record, it appears that the motion to set’ aside a judgment of the court of ordinary in favor of Hendricks, as administrator of a certain estate, was brought against Hendricks individually, a rule nisi was so issued, and judgment was rendered in his behalf individually. Thereupon the creditor seeking to set aside the judgment of discharge filed his petition for certiorari against Hendricks individually, and in the superior court a judgment was rendered in behalf of the plaintiff in *358certiorari and against Hendricks as an individual.…