
    Miller against Merrill.
    A declaration o™ntroíazííeí, and counts for slander; the oefendant pleaded to the whole <ieclaration, that the supposed grievances alinv’of them, did not accrue within two years; the plaintiff replied, setting forth the time of commencing the action, and averring that the causes of action did accrue within two years, Sic. and the defendant rejoined, taking issue on the fact; and the plaintiff demurred to the rejoinder; the plea was held bad, as respected the count for a libel; and being bad in part, it was bad in the whole.
    THE declaration in this cause contained ten counts; the first count was for a libel published the 9th of April, 1816.—The _ r 7 7 ■, . other courts were for sLander; and the various words were charged to have been spoken at the same time.
    The defendant pleaded, to the whole declaration, that he was I * not guilty of the said supposed grievances in the said declaration mentioned, or any or either of them at any time within J ..... i mi r* i i • i'CC two years next before the exhibiting the bill ot the plaintin, See.; and to the first count, that the matter charged as libellous was true; and to the last count also, he pleaded the truth of the words alleged to have been spoken, &c.
    The plaintiff replied to the first plea, setting out the time of commencing his action, and averring that the several causes of action did accrue within two years, See.; and to the second and third pleas, that the defendant, of his wrong and without the cause, in his plea, See. did commit the grievances alleged, &e. and tendered issue to the country.
    To the replication to the first piba, the defendant rejoined, that the cause of action did not accrue within two years, &c. faking issue thereon. To this rejoinder the plaintiff demurred, and the defendant joined in demurrer : which was submitted to the court, without argument.
   Per Curiam.

The only question is, as to the sufficiency of the defendant’s first plea. It is one entire plea to the whole declaration. As it respects the count for a libel, the plea of non uccrevit infra duos annos, is bad, for the statute of limitations for an action for a libel is six years. As an answer to the other counts for slander, the plea is good. But the rule is, that if an entire plea is bad in part, it is bad for the whole. [Com. Dig. Plead, (E. 36,) 1 Sound. 337. n. 1. 3 Term Rep. 376. 1 Chitty,s PL 523.] The plaintiff, therefore, must have judgment.

Judgment for the plaintiff.  