Jackson ex dem. Barhydt v. Clow

The plea of puis darrein continuance was put in in proper time; and the only question is, whether the defendant was bound to serve a copy of it at the time. Where the matter of the plea arises so as to render it necessary that the plea should be filed in term time, a copy of it must be served; but where the matter arises in vacation, so that the plea can only be offered at the circuit, in order to prevent a trial, a copy need not be served.

Motion denied.