case GERMYN against roll Michaelmas term pound Elizabeth roll a action of debt  will not lie against a executor upon a simple contract with the testator and  the court shall ex oflicio abate the writ although the defendant by his plead  have admit the contract vide post and qutvre roll Abr roll Abr more sand cro  car cro James count     Vaugh lev error upon a judge mean in the common plea  where Germin bring debt in the common plea against roll as executor of Norwood  for certain fee due unto he as attorney of the common plea as also for fee due  unto he for solicit cause in the queen bench as also for money expend about a  fine for alienation the defendant plead nunques executor c and find against he  and judgement for the plaintiff and roll bring his writ of error and the error  assign be because this action of debt lie not against a executor for although  it lie against he for a attorney fee because the testator can not have wage  his law for they in regard he be compellable to expend they yet forasmuch as  it be bring for fee in solicit suit in the queen hench where he be not  attorney for which a action lie not against a executor then have conjoin thern  and damage entire give the judgement be therefore erroneous in all a and it be  agree by the whole court that the action lie not for part against the executor  and that the conjoin of they have make all ill so as he may have demurrer upon  it and have abate the writ but if by his plea he have admit it he have now  make it good be the question for it be say that the reason why this action lie  not against a executor be because the testator may have wage his law and a  executor by intendment can have conusance thereof but when he take upon he  notice thereof and admit that there be such a contract then he may he well  charge as Henry pl Edward title executor and so Edward account lie not against  a executor yet if he upon account bring against he enter into the account and  he find in arrear action of debt for this account lie against him Gawdy the  judgement be erroneous for this writ of itself lie not against a executor and  the admittance of the party shall never make a writ which of itself be ill to  be good but the court shall adjudge it accord to law as Edward trespass  against the lord v I et arms and he admit it yet the court shall abate the  writ so Henry pl debt be bring for a rend service which have continuance  although the defendant admit it the court shall abate the writ Fenner contra  for this be not such a action which lie not against a executor of itself but  it lie not by reason he be not privy to the contract and he can not have  notice croak Elizabeth thereof but if his ignorance be take away and he may  have notice thereof the law will charge he as Edward debt be bring against a  executor for a servant wage and because that he himself retain the servant for  the testator so as he thereby have conusance it be hold that he shall he  charge otherwise not so here because by his plea he take notice thereof and  admit it by a implicit confession the action well lie wherefore c Popbam I  agree that if in debt upon a simple contract the executor confess a Noy Leon  side roll Rep Carth croak Elizabeth er p the action or plead nothing dehet  judgement shall he give against he because in the one case upon the trial the  truth of the debt appear and in the other case he by his plea confess it but  yet in respect the testator may have wage his law or plead ed nothing dehet  and the one way be take from the executor to discharge that debt he shall not  he charge and enforce to plead if he will not but I doubt here whether by this  plea the contract he confess and therefore a case have be cite to he adjudge  in the common plea Elizabeth Huson v web that in debt against a executor upon  a single contract who plead plene to manage and find against he yet no  judgement can be against he but the judgement be against the plaintiff which  be all one in the reason with this case therefore it be good to see the record  thereof a