
    RILEY ET AL. v. RILEY ET AL.
    1. Accord and satisfaction cannot be pleaded to an action on a judgment.
    2. Bul tiel record and payment cannot be pleaded to an action on a judgment ; the defendant may plead either, but cannot plead both.
    To an action brought on a judgment the defendants pleaded First. Nul tiel record.
    
    Second. Payment.
    Third. Accord and satisfaction.
    
      Ten Eyck moved to strike out the third plea on the ground,
    
      that accord and satisfaction could not bo pleaded to an action on a judgment and cited; 1 Chitty Pl. 485; 3 Id. 996; 3 East 251; 7 East 150; 1 Green R. 68.
    He also moved for a rule compelling the defendants to elect, within a reasonable time, by which of the two first pleas they would abide; because, if both could be pleaded, two issues of fact would bo raised, one triable by the court, the other by a jury and cited Coleman 32, 75; 6 Cowen 589; 1 John. Cases 164; 1 Ch. Pl. 541.
    The defendant’s counsel cited 7 Wentworth Pl. 114; R. L. 403.
   Pee Cxjeiam.

Both motions must-prevail. The first plea must be stricken out, and the plaintiffs may enter a rule directing the defendants, within ten days after service of a copy, to elect by which of the two first pleas they will abide and to give notice of their election to the defendants; and in default of such election and notice, the plaintiffs may strike out either of the pleas and proceed in the cause.  