Clark ex rel. Gentry v. Murphy

This is an action of covenant, brought on an administrator’s bond. The deelaration states, that the said bond, or writing obligatory, was made to the Governor, &c., in the sum of three thousand dollars, with a condition, by which condition it was covenanted, &c.} by this it plainly appears, that the writing declared on, is nothing hut an administrator’s bond. The declaration set out several breaches; the defendants plead performance generally; to this plea the plaintiff demurs generally. On the trial the Court say, the demurrer is sustained, because the declaration is had, and yet go on to…