William Russell v. Simeon English
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Peatt & wife
The court being now fully advised of and concerning the Premises delivered the following opinion viz: This is an action of Debt brought by the Plaintiff against the Defendant as the administrator William Ohara John English upon an obligation executed by the latter to the Plaintiff. The Defendant has in substance plead, that the estate of which he is Admr is insolvent; and to this pleas the Plaintiff has demurred. The only question presented to the Court is whether the plea is good as a bar to the action. We are of opinion that it is not. According to the well established rules of pleading, every plea must contain an answer to the whole cause of action set out in the declaration, or some certain part of it. The plea in question is not an answer to the whole declaration, because altho the estate may be insolvent, and unable to discharge the full amount of debts against it, yet it may be competent to pay a part of them; and the plea itself implies that it is. It is not an answer to any certain part of the claim of the Pltfs because it does not aver what part the estate is able to pay. On this ground we think the plea insufficient. But it has been argued that unless the [image of page 2] Defendant is allowed in this action to plead the Insolvency of the estate, he may be subjected personally in another action brought upon this Judgment. The answer to this is that if the Defendant has take the legal steps and pursued the measures pointed out by the Administration law of this county upon in relation to Insolvent estates, he cannot be injured on his individual character in any action which may be brought against him on the Judgment in this case.
The demurrer must be sustained.
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