
    Morgan v. Evans.
    The defendant has a right to plead the statute of limitations, at the first term after office judgment: it being an issuable plea.
    
      Mr. Taylor, for the defendant,
    at the last term, which ivas the first term after office-judgment, moved to plead the statute of limitations, and cited the 28th section of the Virginia Statute, of 12th December, 1792, which enacts that an office-judgment may be set aside if the defendant, “ at the succeeding court, shall plead to issue immediately.” Downman v. Downman, 1 Wash. 28 ; 1 Chitty on Pleading, 505, 506 ; Rucker v. Hannay, 3 T. R. 124; Maddox v. Holmes, 1 B. & P. 228; Willet v. Alterton, 1 W. Bl. 35, and Stadholme v. Hodgson, 2 T. R. 390.
   The Court

(nem. con.) having taken time to consider, admitted the plea, being of opinion that, as it was an issuable plea, and offered at the first term after office judgment, the Court had no discretion.  