Malcom, demandant, against Rogers, tenant

Malcom, demandant, against Rogers, tenant. will modify imparlance a real action, so as to place it at some day in the same term, at which it is granted, instead of the next term, upon motion whose instance it was granted. cumstance that a tenant has pleaded a dilatory plea, .murred to will not prevent an imparlance to i/prayed^for’ swer the° de" murrer. Writ op right. On the first day of this term, Gerard, f°r &e tenant, appeared and pleaded in abatement of the count, a non-joinder of certain persons on the part of the de- . f J r 1 manü£ut- S. M. Hop kins, for the demandant, prayed a special • , , ,, , , , ... 1 J , . r imparlance to the next term, which was granted. The next day, he moved to modify his imparlance by contracting it to the 14th day of the present term. He said that, on examining the plea, he found that he should be ready to answcr at an earlier day than he at first supposed. This, though opposed by Mr. Gerard, for the tenant, was granted. On the 14th day of term, Hopkins again appeared for the demandant, and demurred to the plea of the tenant. Ante, 1, S. C. [MAJORITY] Gerard, for the tenant, prayed an imparlance to the first day of the next term. This was opposed by Mr. Hopkins, on the ground, that, as the plea was dilatory, the Court would, for the sake of despatch, confine the imparlance to some day in the present term. But the Court granted the Imparlance to the 1 st day of the next term.