1 Cow. 189 | N.Y. Sup. Ct. | 1823
■ The award of execution de bonis propriis, without the si non clause, is a clerical mistake of the attorney. The record is no doubt erroneous ; for though the administratrix may have been liable, it was only in default of assets belonging to the estate of the intestate. Where the administrator is liable, the proper form of entry is de bonis intestatoris, si, fyc. et de bonis propriis, si non, fyc. This is conformable to
Rule accordingly.