Edwards v. Ewing
Supreme Court of Pennsylvania
On process returnable to this term, Mr. Ingersoll for the defendant, moved the court for their opinion, whether by the practice of the court the defendant was bound to file an affidavit of defence. It 'is admitted on all hands that such affidavit is not necessary in the cases of executors or administrators generally, because they cannot be supposed conusant of the facts out of which the defence arises. The court can only judge from the record.
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On process returnable to this term, Mr. Ingersoll for the defendant, moved the court for their opinion, whether by the practice of the court the defendant was bound to file an affidavit of defence. It 'is admitted on all hands that such affidavit is not necessary in the cases of executors or administrators generally, because they cannot be supposed conusant of the facts out of which the defence arises. The court can only judge from the record. The present suit is brought against the defendant as executor de son tort; and there is a plain distinction between a rightful and wrongful executor.…
1Opinion of the Court
By the CouRT.
The case comes before us prematurely. At present we are confined to the record, and cannot know that the defendant is sued as executor in his own wrong; and of course the general rule must prevail, which does not oblige executors or administrators to swear to defences, in suits brought against them in their representative capacity.