Opinion
08-21-1827
Martin v. Anderson
Stanard, for the Appellant. W. Hay, for the Appellee.
Judgment affirmed.
SYLLABUS
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. A verdict was rendered for the Plaintiff, and Judgment accordingly. The Defendant appealed.
Stanard, for the Appellant.
W. Hay, for the Appellee.
JUDGE CABELL delivered the opinion of the Court. []
The President and Judge Coalter, absent.
OPINION
JUDGE CABELL
This 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.
The Judgment should be affirmed.