
    Hamilton, Administrator, v. Noble, in Error.
    THE plaintiff, an administrator declared in the debet and delinee Plea, that the intestate had executed to the defendant his bond for the payment of 2,000. dollars, which was unpaid, &c. On general demurrer to the plea, the Court held it to he insufficient, the statute requiring a plea of payment for the admission of matters of set-off. Stat. 1817, p. 38 .
    It was also held, that the objection to the declaration on account of its being in the debet and detinet, instead of in the detinet only, could be taken advantage of only by special demur? rer. 2 Bac. 289. — Stat. 1817, p. 41 .
    
      
       Stat. 1823, p. 294. — Coe v. Givan, May term, 1825, post.
    
    
      
       Stat. 1823, p. 298. — Bull. N. P. 169.
    
     