Note. — Vide also Chitty’s Pleadings, Vol. 1,p. 638.
M'Naughton v. Naylor, 2 N.C. 207, 1 Hayw. 207 (1795)
April 1795
·
North Carolina Superior Court
2 N.C. 207, 1 Hayw. 207
The surviving Partners of Auley M‘Naughton and Co. v. John Naylor.
Debt, and payment pleaded; and the jury being called Mr. Spillar would have pleaded a ¡ilea puis darrein continuance; but per curiam, the court must be satisfied of the probable truth of the plea, before they will permit it to be made; and cited Butter 309. 2 Mb. 307. Feltn 181. Cro. Elia. 49. And Mr. Spillar not being able to satisfy the court on these heads, he was not permitted to enter his plea. See % Wite. 137,138, where it- is decided *208fbat the court cannot reject a plea puis darrein continu-mice, if verified by affidavit; also 1 Str. 492. 5 Terra» 554.