Burton v. Killam

Defendant alleges that his plea is ill and therefore that the plaintiff cannot have judgment. This should be a reason why the defendant should not have judgment, but can be no reason why the plaintiff should not. Gilb.C.P. 132. So if the *388replication be ill, if the plea is also ill, plaintiff shall have judgment. 1 Str. 302.

Plaintiff recovered and had judgment.