Parker v. . Stephens

We must not depart from the settled rules of law to avoid an inconvenience in a particular case. It is better for the individual to suffer that inconvenience than that the public should suffer a general mischief by having the rules of law rendered arbitrary and uncertain. The rule of law is well known, that an omission on the part of the executor or administrator to plead want of assets is a confession of them, so that he can never afterwards be permitted to say he had no assets to satisfy that demand. The proper judgment in such case is to be levied de bonistestatoris; for the law will not…