
    Berry against Cahanan.
    PRACTICE.
    When the course of practice (as to filing pleadings) which is established by the practice act, is once broken in upon; the English practice, of ruling your adversary to plead, must be pursued.
    A demurrer had been filed to the plaintiff’s replication, and, upon argument, the demurrer was sustained. Ante 77. The plaintiff’ amended his replication, and Vanarsdale, for the defendant, now applied for time, until the first clay of the next term, to file a rejoinder.
    
      Ewing opposed the application.
    The Chief Justice asked the defendant’s counsel if a rule had been taken upon him ,to rejoin ? He said no rule had been taken.
   Kirkpatrick, C. J.

The practice which is pursued, of filing pleadings within thirty days successively after each other, is established by the act of the legislature; but when that course is broken in upon (as in this case, by a demurrer allowed) you must then follow the old practice, and take a rule upon your adversary to plead.

Motion for time to rejoin allowed.  