
    Dudley A. Tyng versus Nathaniel Prentice, Executor.
    
      Practice. Where a party pleads at the Court of Common Pleas with reservation, he must file his new plea at the first term in this Court.
    Assumpsit on a promissory note made by the defendant’s intes tate to the plaintiff. At the Court of Common Pleas the defendant pleaded the general issue, with a reservation to waive the plea and plead any other plea upon the appeal. The appeal was entered here at October term, 1804. The defendant now moved for leave to file a plea of the statute of limitations. This was objected to by the plaintiff, on the ground that the former plea ought to have been waived, and the new one tendered, at the first term in this Court.
    
      Bigeloio, for the plaintiff.
    
      Tohn Locke, for the defendant.
   By the Court.

Where there is a reservation, in the court below, of liberty to waive a plea, and plead anew upon the appeal, the new plea must be filed at the term at which the appeal is entered. Many inconveniences would follow from another practice.

Motion denied.  