Hanby v. First National Bank

Mrs. McGarity (now Mrs. Hanby) was sued in her representative capacity as the executrix of the last will of T. W. McGarity, deceased, by the First National Bank of Atlanta, on a note. Mrs. McGarity filed no defense to the suit and judgment was rendered against her as executrix of T. W. McGarity. Execution was duly issued, and a return of nulla bona was made thereon by the proper officer. Subsequently the bank brought the present action upon the foregoing judgment and sought to make *90the executrix personally liable as for a devastavit. An answer was filed, and afterwards amended, alleging that…