
    *Hill v. Green.
    Spring Vacation,
    1809.
    Court Docket — Argument of Plea, — Where a plea is set down for argument, the cause must be put on the Court docket.
    Williams moved to take up this case upon the plea of the defendant. The Chancellor asked where the cause stood.
    Mr. Williams said, at the rules; though, the plea was set down with the clerk to be argued.
   By the Chancellor.

The plea should have been set down on the Court docket in order that it might have had its turn, which would have been notice to the adverse party ; but to take it up now might be a surprise upon him. It may be docketed, but cannot be tried but by consent of parties: and so it was ordered accordingly.  