Supreme Court of South Carolina May 15, 1810 (Whitmore's Executors v. Casey's Administrators)

5th May, 1810.

Brevard, J.,

delivered the opinion of the whole court. Stated the case, and proceeded : To the plea in bar of a verdict for the defendants in a former action for the same cause,, the plaintiffs did not demur, as they might have done, if the plea was improper, but joined issue on the matter of fact tendered by the plea.