1778-07-27 (static/transcriptions/1778/07/046.jpg)

1778. Sittings. [Monday] July 27.

set aside, for the Cause having been irregularly put down Ex Parte. They chose to go on, because they said, they were afraid that other Judgments might gain a Precedence of them, and exhaust the assets, if they did not now go on.
They proved the acceptance by Mohun Persaud, and also several promises afterward to pay. And they proved assets in the hand of the Administratrix, by the account filed in the Ecclesiastical Court.
The doubt was whether the Plaintiff ought not to have obtain’d Judgment on the Demmurrer, for want of the Defendant having join’d in Demurrer, and then to have served him with a Rule to plead over, and if they did not, then the Plaintiff should have set down the Cause Ex Parte, because we thought this was conformable to the Practice in England, and that though the Words of Our Rule might be understood to extend to alter the Rule of Law in England, yet that we inclined to think was not the right construction, but we inclined to think he ought have
/ proceeded