Curia.
We are of opinion that the plea is bad, because a judgment recovered by an executor cannot be executed by the adminis trator de bonis non cum testamento annexa, but is become ineffectual, and the second administrator may maintain a new action.
Page 538
For the authorities in this case, we refer to the opinion of the Court in the case of Grout vs. Chamberlin, in Error; the two cn»es resting for decision on the same principles, (a)
(a).
[Vide note to Grout vs. Chamberlin, ante. Ed.]