¶1Although the gentlemen of the bar may have indulged one another in such a practice ; yet it is not a matter of right, either by the common law, or any rule of this court. By the common law, imparlances are allowed in the original action, for the purpose of affording the defendant an opportunity of defending himself against the plaintiff’s claim. But after judgment, that right or claim *484is fully established. So that any further delay would be to deny the plaintiff a right which the common law gave him ; as it was very apparent from the very nature and terms of the judgment. Indeed, nothing but a release, payment, or some kind of composition, &c. subsequent to the judgment, can be pleaded to a scire facias. Whenever any thing of that kind is pleaded, the court will, on cause shewn, give the defendant an opportunity of establishing it; and will, if necessary, allow of an imparlance; but never will as a matter of course in every case.
1 S.C.L. 483
Gibbes v. Wainwright
Pennsylvania Court of Common Pleas
Decided September 15, 1795
Pennsylvania Court of Common Pleas · decided 1795-09-15
ON a return of the scire facias issued in this case, moved for a judgment, as no cause was shewn to the contrary. as being made too soon, and urged, that the defendant was entitled to an imparlance at least of one term, as a matter of course ; it having been the practice (he said) of the court for several years past. But
Decided 1795-09-15