ABIDING BY PLEA

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ABIDING BY PLEA

ABIDING BY PLEA. English law. A defendant who pleads a frivolous plea, or a plea merely for the purpose of delaying the suit; or who for the samepurpose, shall file a similar demurrer, may be compelled by rule in termtime, or by a Judge's order in vacation, either to abide by that plea, or bythat demurrer, or to plead peremptorily on the morrow; or if near the end ofthe term, and in order to afford time for notice of trial, the motion may bemade in court for rule to abide or plead instanter; that is, within twenty-four hours after rule served, Imp. B.R. 340, provided that the regular timefor pleading be expired. If the defendant when ruled, do not abide, he canonly plead the general issue; 1 T.R. 693; but he may add notice of set-off.Ib. 694, n. See 1 Chit. Rep. 565, n.

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