Platt v. Robbins and al. Administrators, &c. of Smith

Platt v. Robbins and al. Administrators, &c. of Smith. A JUDGMENT against Smith in his life-time had been revived by scire facias against the defendants as his administrators, on which there was a judgment by default. A suit was then brought against the present defendants, suggesting a devastavit, to which they pleaded, 1. Plene administravit. 2. That the defendants as administrators did not eloign the assets. 3. That Smith, their intestate, 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 suit, that judgment be rendered against the defendants by default, for it was insisted that as to the pleas put in, they were mere nullities. It was said in reply, that this was not the regular method of testing the validity of pleadings, and that the plaintiff ought to have demurred. Boyd, for the plaintiff. Burr, for the defendant.' [MAJORITY — Per Curiam.] Per Curiam. If pleas are not palpably bad, and void, upon the face of them, the opposite party must resort to his demurrer. All the court have doubts as to one plea, and some of them as to all: and therefore Plaintiff must take nothing by his motion.