
    [*] SINDLE against KIERSTED.
    ON CEKTIOBABI.
    The action below was brought by Kiersted, against Sindle, surviving administrator of John Sindle, deceased. The jury found a verdict for the plaintiff, Kiersted, for $64.10, on which the justice rendered judgment as follows:—
    I do give judgment for the plaintiff for the sum of sixty-four dollars and ten cents debt, and five dollars and eighty-six cents costs, to be levied of the goods and chattels which belonged to the said John Sindle, intestate, at the time of his death, in the hands of the said defendant to be administered; and, if they have not so much in their hands, then the said $64.10 debt, and $5.86 costs of suits and charges as aforesaid, to be levied of the proper goods and chattels of him the defendant.
    
      Mr. Hornblower.
    
    The judgment should only have been against the proper goods of the defendant below, for the costs only, and not for the debt.
   By the Court.

The justice mistook the law. The administrator is not liable, in the first instance, for the debt of his intestate.

Judgment reversed.  