Executors of Emmett v. Stedman

3 N.C. 15

Opinion

Per curiam.

The finding was imperfect, and no judgment should have been entered upon it j but since it was entered, and there is no mode of reversing it, being a judgment of the superior court, though clearly erroneous, the defendants ex necesí-tate must he allowed to plead the same matter to this sci.fa. to> discharge their own goods, though they wouldnot.be entitled to such a plea now, had they not pleaded it to the first action — however, the plea now put in must relate to the teste of the process by which they were first brought into court, and must state a full administration and no assets at that time.