Sheehy v. Mandeville

refused to permit the defendant now to plead the general issue: because he might have availed himself of the spécial matter, which he has already pleaded, upon the general issue; and because the plaintiff's witness has died since the former judgment.

The Court said, however, that they had little doubt as to their power to allow the pléá ; but it was a matter of discretion.

The residue of this case as it appeared upon the writ of inquiry is reported in 7 Cranch, 208.