Pastal v. Wards , 1 N.C. 140 ( 1793 )

Jones, J.

Debt now lies on the first bond, but here judgment is given, which cannot be remedied on motion.

And on another day the court gave further time to the party to shew further cause, why the money should not be delivered to the administrator, according to the motion of Jermyn.

Quære. Whether, if the administrator of the first obligee should bring debt, whether this execution could be pleaded in bar? It seems not. Noy 81. Palm. 443.