2 D.C. 15
Decided December 15, 1810
The plaintiff being about to execute his writ of inquiry, Mr. C. Lee, for the defendant, moved for leave to plead the general issue. The mandate from the Supreme Court,'(seé 6' Cranch. 253,) is peremptory to render judgment for the plaintiff on the 1st count, and to award a writ of inquiry. But if it be within the discretion of the Court, they will not pérmit the defendant now to amend his pleadings, as the plaintiff’s principal witness is dead. cited 3 Bl. Com. 407 ; 1 Com.
Decided 1810-12-15
¶1refused to permit the defendant now to plead the general issue: because he might have availed himself of the spécial matter, which he has already pleaded, upon the general issue; and because the plaintiff's witness has died since the former judgment.
¶2The Court said, however, that they had little doubt as to their power to allow the pléá ; but it was a matter of discretion.
¶3The residue of this case as it appeared upon the writ of inquiry is reported in 7 Cranch, 208.