¶1The case comes before us prematurely. At present we are confined to the record, and cannot know that the defendant is sued as executor in his own wrong; and of course the general rule must prevail, which does not oblige executors or administrators to swear to defences, in suits brought against them in their representative capacity.
4 Yeates 235
Edwards v. Ewing
Decided September 15, 1805
Supreme Court of Pennsylvania · decided 1805-09-15
On process returnable to this term, Mr. Ingersoll for the defendant, moved the court for their opinion, whether by the practice of the court the defendant was bound to file an affidavit of defence. It 'is admitted on all hands that such affidavit is not necessary in the cases of executors or administrators generally, because they cannot be supposed conusant of the facts out of which the defence arises. The court can only judge from the record.
Decided 1805-09-15