13. As a general rule, such matters must be pleaded at the first continuarfce after they happen or come to the plaintiff's knowledge, 11 Jahns. N. Y. 424 ; 1 berg. & R. Penn. 146 ; though a discharge in insolvency or bank ruptcy of the defendant, 2 E. D. Smith, N. Y. 39b ; 2 Johns. N. Y. 294; 9 id. 255, 392, and coverture of the plaintiff existing at the purchase of the suit, are exceptions, Buller, Nisi P. 310, in the discretion of the court. 10 Johns. N. Y. 161 ; 4 Serg. & R. Penn. 239 ; 5 Dowl. & R. 521 ; 1 Watts, Penn. 271 ; 2 Mo. 100. Great certainty is required in pleas of this description. Yelv. 141; Freem. 112 ; Croke Jac. 261 ; 2 Wile. 130; 2 Watts, Penn. 451. They must state the day of the last continuance, and of the happening of the new matter, Buller, Nisi P. 309 ; 1 Chitty, Plead. 572 ; 7 Ill. 252 ; cannot be awarded after assizes are over, 2 M'Clell. & Y. 350 ; Freem. 252 ; must be verified on oath before they are allowed, 1 Strange, 493 ; 1 Const. So. C. 455, and must then be received. 5 Taunt. 333 ; 3 Term, 554 ; 1 Stark. 52 ; 1 Marsh. 70, 280 ; 15 N. H. 410. They stand as a substitute for former pleas, 1 Salk. 178 ; llob. 81 ; Buller, Nisi P. 309 ; 1 Hempst. Ark. 16; 4 Wisc. 159 ; 1 Strobh. So. C. 17, and demurrers, 32 Eng. L. & Eq. 280 ; may be pleaded after a plea in bar, 1 Wheat. 215 ; Al. 67 • Freem. Z2 ; and if' decided against the defendant, the plaintiff has judgment in chief. 1 Wheat. 215 ; Al. 67 ; Freem. 252.
14. Sham pleas are those which are known to the pleader to be false, and are entered for the purpose of delay. There are
certain pleas of' this kind which, in con sequence of their having been long and frequently used in practice, have obtained toleration from the courts, and, though dis couraged, are tacitly allowed : as, for example, the common plea of judgment recovered, that is, that judgment has been already recovered by the plaintiff for the same cause of action. Stephen, Plead. 444, 445 ; 1 Chitty, Plead. 505, 506. See 14 Barb. N. Y. 393 ; 2 Den. N. Y. 195. The later practice of courts in regard to sham pleas is to strike them out on raotion, and give final judgment for the plaintiff, or impose terms (in the discretion of the court) on the defeudant, as a con dition of his being let in to plead anew The motion is made on the plea itself, or ou affidavits in connection with the plea.
Pleas in suspension of the action show some ground for not 'proceeding in the suit at the present period, and pray that the pleading may be stayed until that ground be removed. The number of these pleas is small. Among them is that which is founded on the nonage of the parties, and termed parol demurrer. Stephen, Plead. 64.
See, generally, Bacon, Abr. Pleas (Q) ; Comyns, Dig. Abatement (I 24, 34) ; Doctrina Plac. 297 ; Buller, Nisi P. 309 • Lawes, Civ. Plead. 173 ; 1 Chitty, Plead. 6'34 ; Stephen, Plead. 81 ; Gould, Plead.; Bouvier, Inst. In dex.
In ecclesiastical courts, a plea is called an allegation. See ALLEGATION.