The furthest this Court has gone, was, where there was a plea with an entry of the usual memorandum, “ and issue.” This was held to be equivalent to a direction to the clerk, to join the issue formally; and the omission, being of a clerical nature, was cured by the verdict. But even the want of such a memorandum would be fatal; much more so, where there is no plea, which nothing can cure.

Judgment reversed.