
    Paine, Adm’r, versus McIntire.
    The remedy for an administrator de bonis non, upon an unsatisfied judgment, recovered by the original administrator, is by scire facias. Debt will not lie.
    Note.—Wells, J. took no part in this decision; having, at the time of the argument, been fengaged in jury trials in another county.
    Debt, brought by an administrator de bonis non upon an unsatisfied judgment recovered by the original administrator against this defendant.
    
      Jewett and Crosby for the defendant
    objected: — 1st. That the action must be in the name of the former administrator or his executor or administrator.
    2d. That the remedy is not by action of debt, but by scire facias.
    
    
      A. W. Paine, for the plaintiff, cited R. S. c. 113, § 18; 6 Mete. 197; 1 B. & C. 150; 8 Cowen, 333; 15 Mass. 374; 1 Chit, on PI. 15 ; 3 Rand. 287.
   Howard, J.

By the common law, an administrator de bonis non cannot execute a judgment recovered by a former executor, or administrator, but may maintain a new action. Snape v. Norgate, Cro. Car. 167; Yaites v. Gough, Yelv. 83; Barnhurst, Yelv. 83; Ket v. Life, Yelv. 125; Turner v. Davies, 2 Saund. 149; Grout v. Chamberlain, 4 Mass. 611, 613; Dale v. Roosevelt, 8 Cowen, 333.

In England the law has been changed by an act of parliament, 17 Car. 2, c. 8; but here the modification has been made by our own statutes, 1821, c. 52, § 20; R. S. c. 120, § 8. These statutes furnish a remedy for the administrator de bonis non by scire facias only, on a judgment rendered for a prior administrator. He may pursue that remedy, but cannot maintain an action of debt on such judgment, under existing laws. Plaintiff nonsuit.  