
    GENERAL COURT,
    OCTOBER TERM, 1801.
    Somervell, et al. vs. King
    A plea of payment may be withdrwan at the trial court for the purpose of pleading infancy.
    Debt on a writing obligatory. The defendant o v pleaded payment, and the cause was put at issue at the last term, and notice of 'trial given.
    
      Johnson, for the defendant,
    at this term filed an affidavit, and moved the court for permission to withdraw the plea of payment, for the purpose of pleading that the defendant was an infant when he executed the writing obligatory upon which this action is brought. He cited 1 W. Blk. Rep. 357.
    
    
      Mason, for the plaintiffs.
   The Court granted the leave.  