91-7-243 - Not bound to plead specially.
§ 91-7-243. Not bound to plead specially.
Executors, administrators, and temporary administrators shall not be bound to plead specially to any action or suit at law brought against them, but they may give any special matter in evidence under the general issue. An executor or administrator, or the sureties on his bond, shall not be chargeable beyond the amount of the assets of the testator or intestate by reason of any mistake, omission, or false pleading of the executor or administrator.
Sources: Codes, Hutchinson's 1848, ch. 49, art. 1 (105); 1857, ch. 60, art. 125; 1871, § 1183; 1880, § 2089; 1892, § 1923; 1906, § 2097; Hemingway's 1917, § 1765; 1930, § 1717; 1942, § 614.