Majority
p. 45APRIL TERM, 1796. Branson ads. Boardman and another.
Headnote
In this cause, a demurrer was filed to the replication; the defendant's attorney at the fame time, applied to the deputy clerk for leave to strike out the fimiliter, but the clerk refused to permit him to do so. Notice of trial was then given, and an inquest taken.
p. 46
Jones for defendant, now moved that the ver-di£l be fet afide for irregularity.
The 9th rule of April term 1796, provides that “ If either party Jhall in “ pleading, in any degree, tender an ijjue to the “ country, and if the oppofite party Jhall not demur “ to the pleading, within twenty days after fervice et of a copy thereof the caufe Jhall in each of “ thefe cafes, he deemed to he at iffue but here was a demurrer filed within the twenty days, and the ftriking’ out the fimiliter from the replication which had been filed was not neceffary. Let the verdial be fet afide with coils.