Petchet v Woolston
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1681 |
| Date | 01 January 1681 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 909
King's Bench Division
hil. 23 car. banco regis. petchet versus woolston. pasc. 23 cae. rot. 497. Scire facias. Judgment was had against an administrator in a scire facias upon a judgment against the intestate, and a fieri facias awarded ; and upon nulla bona returned, and a tostatura of waste, a special fieri facias was awarded to the sheriff, quod si sibi constare poterit per inquisitionem, vel aliter, that the said administrator vendidit elongavit vel ad usum suum proprium convertit the goods of the intestate, tune scire faceret the defendant why execution should not be had of his proper goods; the sheriff returns an inquisition which finds a devastavit, and that scire fac', &c. whereupon the defendant comes and pleads payment, and an acquittance as to part, and to the residue fully ad-mi nistrad at the time of the first scire facias awarded ; whereupon the plaintiff demurred, and the case was argued the last term, and this term, that the plea was insufficient. 1. Because the plea was argumentative only, and did not directly answer the charge by the inquisition that he wasted the goods of the intestate, which being but an inquest of office is traversable. [48J 2. Fully administred is no good plea to a charge by judgment, for this supposeth the goods came to his hand which he hath administred; and that he ought not to averr generally in respect of the height of the charge, which being by judgment binds the goods of the intestate in his hands, and therefore he ought to shew specially how he hath administred. And Hales said that for this very cause, Pasc. 39 El. Rot. 14632 between Ordway and Godfrey fully administred pleaded to a scire facias upon a judgment against the testator upon a demurrer was judged insufficient, and the like judgment was given upon the same plea to a scire facias, upon a debt assigned to the King, Pasc. 2 Car. Rot. 28. in Ireland's case: but he said if issue were joyned it was helped, and so it was adjudged. Hil. 11 Jac. Rot. 19063. between Haper and Renold. To which it was answered by Maynard, 1. That an argumentative plea is sufficient upon a general demurrer, but in this case the charge is not that he hath wasted the goods of the intestate, but the writ requires us to shew cause why the plaintiff should not have execution of the proper goods o! the defendant: and we shew for cause that we have fully administred, which is a more proper plea than to traverse the...
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