Green v. Dewitt , 1 Root 183 ( 1790 )

By the Court.

The defense set up, however it might have been available in the original action, is inadmissible upon the scire facias. Further, the defense is insufficient if it had been regularly pleadable to the scire facias, for it admits the receiving of twenty! shillings in his own wrong, and the plaintiff avers that he received £700 worth of estate, which is not traversed or denied by the defendant; and his after taking administration does not purge the original wrong.