Borden v. Nash's Administrator

The practice is generally so said down in the books, and the authorities are all that way; but the courts in this country have taken a shorter road—and whenever the defendant does not plead plene administravit, they have always permitted the plaintiff on nulla bona being returned on the execution the bonis testatoris, to levy the debt de bonis propriis, without waiting for the return of a devastavit.

concurring,

The supersedeas was set aside.