¶1Opinion by
¶2In tbe court below judgment was rendered against Brown by default. But it appears that on the day previous, and within the time required by rules of court, a plea had been filed.
¶3The practice is too well settled to admit of doubt, that judgment by default 'cannot-be entered if a plea in bar is on file in the case. Davis v. Brady Morris 101; Elliott v. Leak 4 Miss. 540; Conell v. Marks 1 Scam. 391; Manlow v. Beuner ib. Harris v. Muskingum Man. Co. 4 Blackf. 267; Maddox v. Pulliam 5 Blackf. 205.
¶4The decisions are uniformly to the effect, that after a plea is filed in a case, the issue should be tried by a jury, even if the defendant does not answer on being called.
¶5As counsel, in order to delay the collection of a debt, by securing a reversal of the judgment, may file their plea in a silent manner without notice to the opposing counsel or the court, and then withdraw or otherwise intimate that they have no defense; the district judges should invariably inquire whether there is a plea on file, before suffering a judgment by default to be entered.
¶6In this ease the plaintiff below appears by the record to have had a just claim against the defendant, but still the judgment must be reversed, rather than depart from a salutary and well settled rule of practice.
¶7Judgment reversed.