Pendleton's administrators v. Stuart

Decided April 13, 1819

Supreme Court of Virginia · decided 1819-04-13

<p>1. Not. yitll3t.andmgajudg- . meut against administrators, as such, m an action of debt, to. which they pleaded, “ payment by the intestate,” and a subsequent judgment, against them personally, in an action suggesting a devastavit, to which they pleaded « no waste,” relief in equity was granted them in this case; on the grounds, that the peculiar and perplexed state of the assets made it difficult if not impracticable, to plead in relation thereto, at law; and that, at the trial of the second action, their principal counsel was absent, and their assistant counsel withdrew from the cause; in consequence whereofj they were wholly undefended, and a verdict, perhaps contrary to justice, was obtained against them, without any negligence qv default on their part.</p>

Decided 1819-04-13

Judge Roane

¶1pronounced the following Opinion of this Court.

¶2Owing to the peculiar and perplexed state of the assets in this case, making it difficult, if not impracticable, for the appellants to have pleaded in relation to them, at law; and owing, also, to the absence of the principal Counsel of the appellants, and the withdrawal of the other, at the trial in the second action, whereby the appellants were wholly undefended, and a verdict, perhaps contrary to justice, obtained against them, without any negligence or default on their part; the Court is of opinion that the Decree is erroneous and ought to be reversed, the injunction re-instated, and the cause remanded, to have an account of the assets taken, if required, in order to a final decree.