Goodwin ex rel. Summers v. Wilson

Debt on an administration-bond. The breach -of the condition of the bond, set forth in the declaration, states the recovery of a judgment by Summers against the administrator, on a bond given by the intestate; and of another judgment for the same demand, in an action against the administrator for a devastavit. The sureties of the administrator pleaded that he had fully administered. Demurrer to the plea and judgment for the defendants.

The plea was inadmissible. It was no bar to the action. At common law, if an executor.or administrator failed to plead that he had fully administered, he…