Wilson v. Bothwell's Administrator

This action was brought by the appellee, suing as the administrator of the estate of Ellen Bothwell, deceased, against M. L. Wilson, the appellant; and was founded on a bond made by the defendant, payable to the plaintiff’s intestate. The suit was commenced on the 3d day of February, 1870; and the trial was had on the 5th day of March, 1872. The defendant pleaded, “ in short by consent, the general issue, with leave to give in evidence any matter that could be specially pleaded in bar; ” and, for greater certainty, he also pleaded ne unques administrator, “in short by consent.” On the trial,…