State, Use of Killen v. Carters' Ex'r

Superior Court of Delaware

State, Use of Killen v. Carters' Ex'r

1 Del. 325

Superior Court of Delaware·Decided July 5, 1834·Published

Opinion

Debt on an administration bond. Narr suggesting breaches. Plea's—payment, non est factum, plene administravit and act of limitations. 1

To repel the plea of the statute of limitations the plff. was about to prove the infancy of Mrs. Killen; but it was objected to, and

The court stopt him. There is no replication of infancy to the plea of the statute, and unless infancy be specially replied it cannot be relied on or proved at the trial.

The plff. suffered a nonsuit.

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Debt on an administration bond. Narr suggesting breaches. Plea's—payment, non est factum, plene administravit and act of limitations. 1

To repel the plea of the statute of limitations the plff. was about to prove the infancy of Mrs. Killen; but it was objected to, and

The court stopt him. There is no replication of infancy to the plea of the statute, and unless infancy be specially replied it cannot be relied on or proved at the trial.

The plff. suffered a nonsuit.

State, Use of Killen v. Carters' Ex'r, 1 Del. 325 (Del. Ct. App. 1834).

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