Stephens' Administrator v. Barnett

Judge Ewing

delivered the opinion of the Court.

On the 20th of July, 1820, Joseph Towles became bound in a replevin bond to Lewis F. Stephens, for a large sum of money; and Stephens and Towles both having died, the administrator of the former brought an action of covenant on the bond against Andrew Barnett, as the administrator of the latter.

Barnett, among other pleas, pleaded pleno administra-vit; upon which issue was taken, and a verdict found for Barnett on that issue.

A motion for a new trial having been moved and overruled, exceptions were taken to the opinion of the Court, and the whole…