Benedict against Ripley

Benedict against Ripley. A defendant cannot amei'l his plea < course undo the 8 Reg. Gen. of April term, 1796, unless it be demurred to. And then he cannot add a new plea. In covenant, the plaintiff declared, assigning several breaches, to which the defendant pleaded two pleas, tendering an issue to the country, which were not demurred to. Nearly two years after, he entered a rule to amend, and pleaded, under the rule, four additional pleas. W. L. F. Warren, for the plaintiff, moved to set aside the rule, and the pleas under it, as irregular. He cited 8 Reg. Gen. April term, 1796 ; under which, he said, the defendant could not amend his plea of course, at any time, unless it he demurred to. That a plea could not be added, he cited 18 John. Rep. 310; Dunl. Pr. 695, 292. P. H. M’Omber, contra. [MAJORITY — Curia.] Curia. Clearly the defendant could not amend his plea at any time. The 8 Reg. Gen. of' April term, 1796, is the only authority for amending of course. Under this rule you cannot amend a plea unless it be demurred to; and then you cannot add a new plea. The motion must be granted. Motion granted.