This plea being under the act of Assembly passed in the year 1777, could only be sustained by being filed within the three first days of the term. That being omitted, the cause of demurrer thence arising is sufficient: Therefore the plea is overruled.
M'Farland v. Harrington, 1 N.C. 407, 1 Cam. & Nor. 407 (1802)
June 1802
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North Carolina Court of Conference
1 N.C. 407, 1 Cam. & Nor. 407
Duncan M’Farland vs. Henry W. Harrington.
The Plaintiff sued out a writ against the defendant, returnable to Fayetteville Superior Court, October Term, 1801. The defendant *408plead in abatement, to wit: "The said Henry “William Harrington in his proper person comes “and pleads, that he has not been served with a “copy of the declaration in said suit; therefore “he pleads the same in abatement of the said "suit, and prays the said suit may be abated.” This plea was sworn to & filed the 31st day of October, 1801, as appears by the affidavit of the defendant. The Plaintiff demurred, and amongst other causes assigned the following one, viz. “The “said plea is also insufficient in this, that the “same was not filed within the three first days “of the term of this court, to which the writ a “foresaid was returnable, as appears by the de “fendant’s own shewing on the face of the said “plea.”