
    CONSTITUTIONAL COURT, COLUMBIA,
    MAY, 1810.
    Napier v. Carpenter’s Administrators.
    If an order for judgment by default of appearance, or want of a plea, in an action of debt on a bond, should be entered, the same shall be conclusive to authorize final judgment; and though the defendant should die before the final judgment should be entered up and signed, yet the same may be done after his death, without a sci fa. against his executors, or administrators.
    
      Note. See 7 T. R. 447, 20, 1 B. and Pul. 571. Judgment may take effect from, and execution be tested before death of defendant, ifjudgment be signed bj( before, by relation back to the first day of the term, and' execution may actually issue after defendant’s death, if he dies after the term commences. Page 346, in note. Our A. A. agrees with st. 8 and 9. W. 3 c. 11. s. 6. 2 Saund. 72, m. in the notes. By stat 17, c. 2, c. 8, s. 1, if a party die between verdict and judgment, it shall not be error, if judgment be entered in two terms after If a party die after assizes begin, and the trial be after his death, it is wilhin the stat, for the assizes are but one day in law. 1 Salk. 8. 7 T. R. 32, note a. But execution shall not issue without sci. fa. 1 Wils. 302 1 Salk. 315. 1 Wils. 243. Tidd’s Prac. 441, 444. 1 Ric. Prac. C. P. 386. 2 Saund. 72, n. in the notes. In judgment in debt by default, or confession, the court taxes the damages for detention, with plaintiff’s assent, and in general a writ of en-quiry is only to inform the conscience of the court. 2 Saund. 107, and note. 7 T. R. 447. Where defendant dies after interlocutory judgment, and before final judgment, the plaintiff must sue out two writs of sci. fa. to entitle himself to take out execution; one before final judgment, to make the executors, or administrators, parties to the record; the other after final judgment, to give them an opportunity of pleading the want of assets, or any other matter. Sayer’a Rep. 226. Saund. 72, n. note.
    
      Action of debt on a bond, in Kershaw district. Defendant’s intestate confessed judgment, and soon after died; but before his death an order for judgment was entered on the record. Final judgment was, after his death, entered up. A motion was made before Bay, J., in Kershaw District Court, to set aside the judgment, as no notice had been given to the administrators before entering up the final judgment; and because the same had been entered up without a special order of court. This motion was overruled ; whereupon a motion in this court was submitted by way of appeal from the judgment of the District Court; submitted without argument, by Branding, for plaintiff, and Richardson, for defendant.
   Per curiam.

Grimke, J.,

delivered the opinion, May 2d, 1810. Judgment is final on a bond, and no inquiry of damages is necessary. By A. A. 1746, P. L. 212, if the defendant should die after interlocutory, and before final judgment, the action shall not abate, if such action might be originally prosecuted against the executors, or administrators, of such defendant, and sci. fa. lies against the representatives of the deceased. But this law applies as to judgment, only to cases where a writ of enquiry is necessary to determine the amount of the debt, and not to cases like the present, where the order for judgment is conclusive, and final judgment follows as a matter in course.

Motion rejected.  