1 D.C. 192
District of Columbia District Court
Decided November 15, 1804
District of Columbia District Court · decided 1804-11-15
The Court, at last term, overruled the defendant’s demurrer, but the judgment was not entered until this term; and-the jury being now called to be sworn to inquire of damages, — offered to plead a breach of covenant on the part of the plaintiff in bar of the action, and contended that the covenants were dependent.
Decided 1804-11-15
¶1refused to suffer the defendant to file the plea offered.
¶2*193Mr. Taylor then offered the general issue to the breach assigned.
¶3The Court intimated that they would not permit the plea, unless the judgment on the demurrer should be struck out, and the demurrer withdrawn.
¶4Mr. Taylor refused to withdraw the demurrer, and the writ of inquiry was executed.