
    White vs. Brown’s Administrator.
    SCIRE FACIAS.
    
      April 16.
    Error, to render judgment by default, while a negative plea, cast ing the onus upon the pltf. remained in the cause, not answered.
    [Mr. Turner for Plaintiff: Mr. Breckfor Defendant.]
    Prom the Circuit Court for Garrard Countt.
   Chief Justice Robertson

delivered the Opinion of the Court.

To a scire facias against Nancy White, as administratrix of James White, to revive a judgment .against the intestate, she filed a plea denying that she was- the ad-ministratrix. But the circuit court, at a subsequent term, rendered a judgment against her by default, without any proof, and without taking any notice of her plea.

. As the plea was negative, and imposed the onus on the plaintiff in the scire facias, it was error to render judgment by default.

Judgment reversed, and cause remanded for further proceedings.  