Opinion
Fall Sessions, 1838.
CAPIAS case. Narr. Pleas. Issue.
Robinson and Wootten, for plaintiffs.
Frame and Ridgely, for defendant.
This case was "continued on the plaintiff's application, on account of the absence of material witnesses; and, after the continuance, Frame for defendant, moved for leave to withdraw his pleadings and demur.
The court granted him the leave, restricting him to a general demurrer, on the same principle with the case of Waples vs. M'Gee Salmons, (ante 444.)