
    Anne Guphill v. Henry Isbell.
    Columbia,
    Jan 1830.
    Where a feme plaintiff marries pendente lite, the defendant is intitled, as a matter of right, to plead the coverture in abatement, provided he plead it puis darrein continuance.
    
    Tried before Mr. Justice Huger, at Fairfield, Fall Term, 1829.
    The plaintiff in this case intermarried with Samuel S. Taylor, pendente lite, and, at the succeeding term, the defendant moved for leave to plead the coverture in abatement, which the presiding Judge refused. After verdict for plaintiff, the defendant moved for a new trial, upon this, among other grounds.
    Clarke, for motion.
    Gregg, contra.
    
   Johnson, J.

The authorities all agree, that the marriage of a feme sole plaintiff, pendente lite, may be pleaded in abatement, provided it be pleaded puis darrein continuance. Bae. Abr. Abatement. G. This is a matter of substance, and not of form merely ; and the defendant having brought himself within the rule, it was a right, the exercise of which the Circuit Court bad no discretion to withhold from him. The Court erred, there- , , , ... fore, m rejecting the plea, and on that ground a new trial is granted to the defendant, with leave to file the plea mine pro tunc.

Nott, J. and Colcock, J. concurred.

Motion granted.  