Powell, J. Overton, J. Contra Campbell, J. The motion is improper at this time. At the last term three months were allowed the defendant to put in his plea-this has not been done, but we cannot entertain the motion, until the cause is called in course, when a judgment by default *263may be entered as of last term, and a writ of enquiry executed immediately, thereby putting the plaintiff in as good a situation as if the pleadings had been made up.(1)