#### *Hopkins vs. Offal.

Pasch. 1 Car.

IN account the defendant pleaded that he had accounted before with the plaintiff in Cumberland &c. and this plea being rejected, there was judgment, quod computed.

Banks

moved that it was a good plea, and prayed that it might be allowed 45 E. 3. 24. 34 H. 6. 23.

Brooner,

the secondary, shewed to the court, that it was refused, being a foreign plea.

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.