Declaration was delivered within the term: rule to plead was given the 7th of May, and expired the 11th, and no plea being put in, defendant applying for time, but no order made by the Judge, after the time for pleading was out, and before plaintiff bad signed judgment, the defendant being pleaded abatement ; and the question now was, whether this plea being after the time for pleading was out and a dilatory, should hinder the plaintiff from signing judgment? And per Cur – The pIaintiff shall have his judgment, for pleas in abatement must be pleded in four days, if the declaration be delivered before the last four days in term : if in those last four days, defendant must plead after a special imparlance within the first four days of the next term ; and this is the practice of the Court : and although fair pleas to the action are received alter the rules to plead are out, and before judgment at any time, yet dilatory pleas never are, and no Court ever favoured them.
Citations:
[1799] EngR 272, (1799) 1 Wils KB 23, (1799) 95 ER 471 (B)
Links:
Litigation Practice
Updated: 05 May 2022; Ref: scu.348099