Where an administrator was sued to the same term on a simple contract, and on a debt due by specialty, and to the simple contract pleaded plene administravit, and afterwards confessed judgment to the speciality creditor, he was permitted at a subsequent term to add, in the suit on simple contract, a plea of judgment confessed and no assets ultra.
TAYLOR, J.
The plea was properly received. I ground my opinion upon several cases in Wilson's Reports which establish the rule that pleadings may be amended to attain the justice of the case.
NOTE. — See contra Cutlar v. Cutlar, post, 155; Churchill v. Howard, post, 335; Grier v. Comb, 1 N.C. 91. But see Teasdale v. Branton, post, 281.