Platt v. Robbins — 1 Cole. Cas. 81

Majority

p. 81

Platt vs. Robbins and al. administrators, &c. of Smith.

Headnote

A Judgment againft Smith in his life time had been revived by fcire facias againft the defendants as his adminiftrators, on which there was a judgment by default. A fait was then brought againft the prefent defendants, fuggefting a devafa-vit, to which they pleaded,

I. Plene aiminiftravit.

II. That the defendants as adminiftrators did not eloigne the affets.

III.That Smith their inteflate executed before his death a bond of 50,000 dollars to the United States, which remains unpaid.

It was now moved on behalf of the plaintiff in the fait, that judgment be rendered againft the defendants by default, for it was in fitted that as to the pleas put in, they were mere nullities. .

It was faid in reply, that this was not the regular

p. 82

method of tailing the validity of pleadings, and that the plaintiff ought to have demurred.-

Boyd for plaintiff.

Burr for defendant.

If pleas are not palpably bad, and void upon the face of them, the oppofite party mull re fort to his demurrer. All the Court have doubts as to one plea, and fome of them as to all: and therefore

Plaintiff muff take nothing by his motion.