¶1By the Court,
¶2The matter of defence arising after issue joined, intermediate the term and the circuit,’ ought to have been plead at the circuit; and for this there is a good reason, as it is discretionary with the judge whether he will accept the plea of puis darrien ox not. It was irregular,, therefore, to serve the plea in vacation. As, however, the party swears to merits, the inquest will be set aside, on payment of costs.