
    Case No. 185.
    ALEXANDRIA v. MOORE.
    [1 Cranch. C. C. 440.]
    
    Circuit Court, District of Columbia.
    July Term, 1807.
    Pleading-.
    Debt on an auctioneer’s bond; plea, general performance. Replication, that the auctioneer did not pay over money to A and B. A rejoinder that it had not been established, by a judgment, that money was due to them by the auctioneer, is an issuable plea, to set aside an office judgment.
    At law. Debt on an auctioneer’s bond; plea, general performance; special replication, that Moore, tbe auctioneer, bad not paid money to Archer and to Vowell, which be bad received as auctioneer.
    At tbe first term after office-judgment, and to set it aside, Mr. C. Simms, for defendant, Patten, (one of tbe sureties,) offered a rejoinder that Archer and Vowell respectively bad not proved, by a suit and judgment, that tbe money was due from Moore to them.
    Mr. E. J. Lee, for plaintiff, objected that it is not pleaumg to issue within tbe meaning of tbe act of Virginia, 12th December, 1792, § 28, p. 78, and that it will drive him to a special demurrer. -
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   But THE COURT (nem. con.) admitted tbe replication, because it was an issuable plea, and if bad it is bad on general demurrer.  