2 D.C. 252
Decided October 15, 1821
Ti-ie plea of limitations was filed in this cause after the rule-day, and the issue was made up by the clerk. moved the Court to order the plea to be stricken out, because not filed before the expiration of the rule to plead ; and cited the case of Thompson v. Afflick, in this Court at June term, 1812, (ante, 46,) in which the Court decided that they would not receive the plea after the rule-day, unless upon affidavit showing that it is necessary for the justice of the case.…
Relies on Wetzell v. Bussard
Decided 1821-10-15
¶1(nem. con.) refused to strike out the plea, principally on the ground stated in the affidavit of Mr. Turner.
¶2There was a demurrer to the evidence, upon which this Court rendered judgment for the defendant at October term, 1822; which was affirmed by the Supreme Court of the United States. 11 Wheat. 309.