
    Case No. 8,800.
    MORGAN v. EVANS.
    [2 Cranch, C. C. 70.] 
    
    Circuit Court, District of Columbia.
    April Term, 1813.
    Pleading at Law — Statute op 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
    
      limitations, 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 y. Downman’s Ex’rs, 1 Wash. [Va.] 28; 1 Chit. PI. 505, 506; Ruck-er y. Hannay, 3 Term R. 124; Haddocks y. Holmes, 1 Bos. & P. 228; Willet y. Atterton, 1 W. Bl. 35, and Stadholme y. Hodgson, 2 Term R. 390.
    
      
       [Reported by Hon. William Crunch, Chief Judge.]
    
   THE COURT

(nem. con.) having 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.  