
    Samuel Moody and Others versus Dearborn Blake.
    Where the defendant in the court below reserves leave to plead anew in this Court generally, such new plea must be to the country.
    In this action, which was assumpsit, the defendant reserved leave in the court below to waive his plea, and to make any other answer in this Court. And now, upon the appeal, he moved for leave to plead usury, and tender his oath under the statute.
    
      Perley for the plaintiffs.
    
      Warren for the defendant.
   The Court

denied the motion, observing that it had been repeat-idly decided, that where the reservation to plead anew was general, -lie new plea must be a plea to the country; and the plea proposed could not be received.  