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William S. Wisdom vs. John W. Williams and Hugh A. Blevins

Arkansas Circuit Court1846-04
1 Ark. Terr. Rep. 460

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

— A plea puis darrein continuance admits the plaintiff’s cause of action, and even if the plea is established still the plaintiff is entitled to costs. It has the effect of displacing all other pleas and previous defences, and the party is obliged to stand on that alone. 10 Wend. 679; 1 Chitty, PI. 441; 2 Peters, 548; Stephen, PL 81, 83; 13 Peters, 152; Story, PL 53, 54. By operation of law the previous pleas are considered as stricken from the record, and every thing is confessed except the matter contested by the plea puis darrein continuance.