Teasdale v. . Branton
U.S. Circuit Court for the District of North Carolina
There was a verdict against the administrator upon the plea of fully administered— judgments, etc. Execution issued, and was returned nulla bona. This scire facias issued to show cause why the plaintiff should not have judgment to be levied de bonis propriis. The defendant pleaded nul tiel record, no devastavit returned or found-judgments. Replication to the plea of nul tiel record, and demurrer to the other pleas.
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There was a verdict against the administrator upon the plea of fully administered— judgments, etc. Execution issued, and was returned nulla bona. This scire facias issued to show cause why the plaintiff should not have judgment to be levied de bonis propriis. The defendant pleaded nul tiel record, no devastavit returned or found-judgments. Replication to the plea of nul tiel record, and demurrer to the other pleas. The record produced showed the verdict; no judgment had been regularly entered. The scire facias after stating the verdict went on and stated that judgment was rendered…
1Per curiam
We must presume according to the loose practice of this state that there was a judgment entered pursuant to the verdict, and therefore we must say there is such a record. As to the demurrer, for that no devastavit is returned or found: to be sure by the English practice no scire facias lies against the executor to subject him de bonis propriis, till a devas-tavit is found upon a scire fieri inquiry, and returned. An action of debt, however, will lie upon suggestion of a devastavit, and the practice in this state has been to issue a scire facias upon such suggestion. And as every defense can…
2Cited by4 opinions
- King v. . HowardSupreme Court of North Carolina · 1834
- Archibald Blackburn v. James AllenTennessee Supreme Court · 1816
- Harlan v. HarlanTennessee Supreme Court · 1884
- Long v. . CleggSupreme Court of North Carolina · 1886