Majority
p. 244A. & N. Fox vs. A. Baker.
Headnote
On setting aside an inquest regularly obtained, the defendant will be required to withdraw the plea of the statute of limitations.Motion to set aside an inquest taken at the circuit. The inquest was regularly taken; the defendant’s attorney denied having received notice of trial, but the service of the same was satisfactorily shewn. The defendant swore to merits.
The Court set aside the inquest on payment of the costs of the same, and the costs of resisting this motion, and imposed the farther condition on the defendant, of withdrawing the plea of the statute of limitations, in analogy to the practice on opening a default, and permitting a defendant to plead.