| N.Y. Sup. Ct. | Aug 15, 1828

By the Court,

Savage, C. J.

The plea was put in in season. There was no unreasonable delay. (2 Johns. R. 294.) The judge at the circuit had a discretion to receive the plea, without its being verified by affidavit, if he had reason to believe it was true. (9 Johns. R. 251.)

Motion denied.

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