
    Grahame’s Administrator v. Cooke.
    After plea of condition performed, replication, rejoinder, and special demurrer to the rejoinder, the defendant is not entitled to oyer of the plaintiff’s letters of administration, nor to plead that the plaintiff is not administrator.
    
      Mr. E. J. Lee, contra,
    
    cited 4 Bac. Ab. 113, 114, Tit, Pleas and Pleadings, I. 12, 2 ; 5 Com. Dig. 478, 479, — that oyer cannot be demanded, after plea, nor after imparlance. And Roberts v. Arthur, Salk. 497, — that upon the proferí of a deed, it remains in court all that term, but no longer, unless it be controverted; but letters testamentary, or of administration, do not remain in court, for the party may have occasion to produce them elsewhere. 36 Hen. 6, 30. The Court refused to grant oyer.
    
      Mr. Simms, for the defendant,
    then asked leave to file a plea in bar that the plaintiff was not administrator, which the Court also refused.
   Debt on bond with collateral condition. After plea of condition performed, and replication, rejoinder, and special demurrer to the rejoinder, Mr. Simms, for the defendant, prayed oyer of the plaintiff’s letters of administration.  