
    
      Thomas’s Administrator, &c. vs. Commonwealth, for use of Brady.
    
    Desy. Case 35.
    December 31.
    Error to the Bracken Circuit ¡ Wsi. P, Roper, Judge.
    
      Administrator's bond. Malla bona. Pleno adminis-travit. Issue. Costs.
    
    Declaration on administrator’s bond, for devastavit, ■must aver re» turn of ’nulla bona. 'issue found jor defendant, should be no judgment for ’ costs against him.
    Marshall, for plaintiff.
   The Chief Justice

delivered the opinion of the Court.

The declaration is defective, in not averring that a Jieri facias issued, and was returned “nulla bona." And the judgment for costs is erroneous. As the issue was found for the defendants in the action, there ought to have been no judgment against them for costs.

Wherefore, the judgment of the circuit court ic reversed, and the cause remanded, with instructions to arrest the judgment and set aside the verdict.

Note Plea in this oase, was ptene administrará, with leave to give special matter in evidctn cu. REPORTER.  