Totty's v. Donald & Co.

The president pronounced the court’s opinion, that “ there being no rejoinder, the special replication to the second plea was no issue on that plea, to wit, the act of limitations.” Judgment reversed ; verdict set aside ; and cause remanded for further proceedings. Footnotes [(1)] Note. But see Brewer vs. Tarpley, 1 Wash. 364; Walden’s Executor vs. Payne. 2 Wash. 7, 8 ; and Turberville vs. Self, 2 Wash. 71, 72.