Lincoln v. McLaughlin

The first objection urged is, that the court erred in refusing appellant leave to file an additional plea after the jury were impaneled to try the cause. It has always been regarded as purely discretionary with the judge, after a defendant has pleaded in bar to an action, to file additional pleas, unless it be a plea puis darrein contim,ucmee. As a general rule a defendant has ample time to prepare his pleadings before the commencement of the term. But in this case not only so, but there had been a trial, the verdict set aside, and leave given to defendant to file additional pleas, which he…