Case No. 9,800.

MORGAN v. EVANS.

[2 Cranch, C. C. 70.]¹

Circuit Court, District of Columbia.

April Term, 1813.

PLEADING AT LAW—STATUTE OF LIMITATIONS—ISSUABLE PLEA—WHEN TO BE PLEADED.

The defendant has a right to plead the statute of limitations, at the first term after office judgment; it being an issuable plea.

Mr. Taylor, for defendant at the last term, which was the first term after office judgment, moved to plead the statute of 749limitations, and cited the 28th section of the Virginia statute of 12th December, 1792, which enacts that an office judgment may he set aside if the defendant, “at the succeeding court, shall plead to issue immediately.” Downman v. Downman's Ex'rs, 1 Wash. [Va.] 28; 1 Chit. Pl. 505, 506; Rucker v. Hannay, 3 Term R. 124; Maddocks v. Holmes, 1 Bos. & P. 228; Willet v. Atterton, 1 W. Bl. 35, and Stadholme v. Hodgson, 2 Term R. 390.

THE COURT (nem. con.) haying taken time to consider, admitted the plea, being of opinion that, as it was an issuable plea, and offered at the first term after office judgment, the court had no discretion.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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