As a general rule, such matters must be pleaded at the first continuance after they happen or come to the plaintiff's knowledge; Jackson v. McConnell, 11 Johns. (N. Y.) 424; though a discharge in insolvency or, bankruptcy of the defendant; Morgan v. Dyer, 9 Johns. (N. Y.) 255; Mechanics' Bank' v. Hazard, id. 392; and coverture of the plaintiff existing at the purchase of the suit, are exceptions ; Bull. N. P. 310 ; in the dis cretion• of the court; Morgan v. Dyer, 10 Johns. (N. Y.) 161; Wilson v. Hamilton, 4 S. & R. (Pa.) 239; 5 Dowl. & R. 521; Nettles v. Sweazea, 2 Mo. 100. Great certainty is required in pleas of this description ; Cro. Jac. 261; Vicary v. Moore, 2 Watts (Pa.) 451, 27 Am. Dec. 323. They must state the day of the last continuance, and of the hap pening of the new matter ; Bull. N. P. 309; And. Steph. Pl. 356, n.; Augusta v. Moulton, 75 Me. 551; cannot be awarded after assizes are over ; 2 McC. & Y. 350 ; must be verified on oath before they are allowed; 1 Stra. 493; 1 Const. S. C. 455; and must then be receiv= ed ; 3 Term 554 ; Stevens v. Thompson, 15 N. H. 410. They stand as a substitute for former pleas ; Adler v. Wise, 4 Wis. 159; Culver v. Barney, 14 Wend. (N. Y.) 161, and demurrers; 32 E. L. & E. 280; may be plead ed after a plea in bar ; Renner v. Marshall, 1 Wheat. (U. S.) 215, 4 L. Ed. 74; and if decided against the defendant, the plaintiff has judgment in chief ; Renner v. Marshall, 1 Wheat. (U. S:) 215, 4 L. Ed. 74.
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 consequence of their having been long and frequently used in practice, have obtained toleration from the courts, and, though discouraged, are tacitly allowed: as, for example, the com mon plea of judgment recovered, that is, that judgment has been already recovered by the plaintiff for the same cause of action Steph. P1. 411, 445. See Caswell v. Bushnell, 14 Barb. (N. Y.) 393. The later practice of courts in regard to sham pleas is to strike them out on motion, and give final judgment for the plaintiff, or impose terms (in the discretion of the court) on the defendant, as a condition of his being let in to plead anew. The motion is made on the plea itself, or on 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 found ed on the nonage of the parties, and termed parol demurrer. Steph. Pl. And. ed. 138.
A plea which t. rs a legal conclusion is bad, as "that a dam is no higher than the statute authorized ;" Pumpelly v. Canal Co., 13 Wall. (U. S.) 175, 20 L. Ed. 557.
In ecclesiastical courts, a plea is called an allegation. See ALLEGATION.