Timberlake v. Benson

The Plaintiff brought an action of Indebi-tatus Assumpsit against the Defendant, for work and labour done by the Plaintiff, for the Defendant’s intestate. At the first Term after the office judgment, the Defendant pleaded Non Assumpsit. At the next Term thereafter, the Defendant pleaded “fully administered,” to which the Plaintiff replied generally, and issue was joined. The Cause was then continued for four Terms, and at the fifth Term, the Plaintiff withdrew his replication to the plea of “fully administered,” and admitted on the record that the Defendant had administered the assets of his *266i…