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 same purpose, shall file a similar demurrer, may be compelled by rule in term time, or by a Judge's order in vacation, either to abide by that plea, or by that demurrer, or to plead peremptorily on the morrow; or if near the end of the term, and in order to afford time for notice of trial, the motion may be made in court for rule to abide or plead instanter; that is, within twenty-four hours after rule served, provided that the regular time for pleading be expired. If the defendant when ruled, do not abide, he can only plead the general issue but he may add notice of set-off.



This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.