Shaw v. Bowen and Terry

[S. C., infra, 334.]

In Error. — The writ was in debt upon an assigned bond, and after an alias a judicial attachment, upon the return of which, it was agreed to "plead and try at next term." The defendant then pleaded in abatement, which was overruled; he then pleaded nildebet; demurrer, which was overruled, and notwithstanding, the Court gave judgment for the plaintiff. The Court acted correctly in overruling the plea in abatement. The agreement to plead and try at the next term, must be considered as equivalent to a general imparlance, or continuance; after which a plea in abatement cannot…