Case No. 13,110.

SMITH v. STOOPS.

[1 Cranch, C. C. 238.]¹

Circuit Court, District of Columbia.

June Term, 1805.

PLEADING AT LAW—WHEN STATUTE OF LIMITATIONS MAY BE PLEADED.

After office judgment the court will not receive a plea of the statuate of limitations.

Mr. Edward J. Lee moved to set aside the office judgment by pleading the statute of limitations. Refused; the court saying that it had always been refused. See Hooff v. Herbert (November, 1803 [Case No. 6,670]).

In the case of Came v. McLean [Case No. 2,416], at this term, THE COURT ordered the plea of limitations to be struck out, it having been filed after office judgment.

FITZHUGH, Circuit Judge, contra.

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

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