6 Va. 19
Decided August 21, 1827
Supreme Court of Virginia · decided 1827-08-21
This was an action on the case brought in the Superior Court of Caroline County, by Anderson against Martin. The Defendant put in the plea of non assumpsit, on which issue was joined. At a subsequent term, the Defendant moved the Court for leave to file a-plea of the Act of limitations, which the Court refused: whereupon, the Defendant excepted. In the Bill of Exceptions, no reason is assigned why the plea was not sooner tendered.
Decided 1827-08-21
¶1August 21.
¶2delivered the opinion of the Court.
¶3This case differs from Tomlin’s adm’r v. How’s adm’r, Gilm. 1, in this, that no good reason appears upon the record, why the additional plea of the Act of Limitations was not sooner tendered.
¶4The Judgment should be affirmed.
¶5 The President and Judge Coadter, absent.