Hopkins v. Offal , 1 N.C. 59 ( 1793 )

Jones, J.

A foreign plea is not receivable, unless it be upon oath, and is transitory. As here that he accounted is not receivable unless upon oath.

Doderidge, J.

There is no inconvenience in suffering the judgment to stay. For that he heretofore accounted with the plaintiff, is a good plea before the auditors.

Whereupon by Crew, C. J. and Doderidge and Jones, J. let the judgment remain.