3 Me. 199 | Me. | 1824
The plea in bar is good, unless avoided by the replication. The question then is, whether the replication is sufficient. It discloses the fact, that notwithstanding John Andrews, the supposed trustee, was defaulted at the return term, and judgment was then entered against the goods, effects and credits of the plaintiff in his hands ; still he appeared upon the scire facias and disclosed to the Court that he was not the trustee of the plaintiff, and at the following term he was accordingly
Replication adjudged good.