
    *Nuttall’s Adm’r v. M’Douall, &c.
    [April, 1806.]
    Administrators — Action on Judgment against' — Case at Bar. — If, in an action of debt upon a judgment against an administrator, suggesting a devastavit, tiie plaintiff produces tiie judgment and execution, and the defendant demurs to the evidence, the plaintiff is entitled to a final judgment upon the demurrer.
    M’Douall & Co. obtained judgment by default against Nuttall’s administrator: and then brought debt upon the judgment suggesting a devastavit. Pleas, No such record; and no waste. Issue. Upon the trial, the plaintiff offered in evidence the record of the judgment and execution. The defendant demurred to the evidence. The court found the record; and continued the cause for consideration of the demurrer. At the next term, judgment was given in favour of the plaintiff's upon the demurrer, without awarding a writ of enquiry; and the defendant appealed to the court of appeals.
    Randolph, for the appellant.
    The demurrer did not state the amount of the waste, and the court had nothing to ascertain it' by.
    War.den, contra.
    The suit was upon a judgment for a specified sum; and the demurrer admits the debt, as well as the waste; for the declaration charges, that the defendant had assets sufficient to pay the debt, at the time of the rendition of the first judgment: And the defendant was estopped to deny them. The plaintiffs, therefore, were entitled to final judgment upon the demurrer, without the intervention of a jury.
    
      
      Administrators. — The principal case is cited in Waller v. Ellis, 2 Munf. 97. See monographic note on “Executors and Administrators” appended to Rosser v. Depriest. 5 Gratt. 6.
    
   PER CUR.

Affirm the judgment.  