Opinion
Spring Sessions, 1833.
Layton, for plff. Cullen, for deft.
The plff. offered to prove the infancy of Mrs. Abbott to rebut the plea of the statute of limitations, but it was objected to and insisted that he ought to have replied the infancy.
The Court said that where a party relied on infancy to prevent the operation of the statute, he must reply it so as to give the other side notice.
The plff. suffered nonsuit.