Walker & Taylor v. Shannon

1. A judgment against an administrator, in an action on an alleged debt of his intestate, when the defendant has failed to plead a want of assets, is conclusive as to the question of a sufficiency of assets to pay the debt. As to a surety upon the administrator’s bond, however, the judgment is not conclusive upon such question, but is ■ prima facie evidence only; and when sued upon the bond the surety-may plead and prove a deficiency of assets in the hands of his principal liable to the payment of the debt. Gibson v. Robinson, 90 Ga. 756 (16 S. E. 969, 35 Am. St. R. 250) ; Whiddon v.…