
    *Deborah Wynne, James Christy, Joseph Nicholson and James Christy, junr. executors of George Wynne deceased against Richard Adams.
    S. C. 2 Dall. 156.
    On a rule for trial of non pros, the plaintiff cannot object that he has not filed his declaration.
    
      Sur rule for trial or non pros. Mr. Heatly for the defendant, moved that a non pros might be entered according to the rule, the cause not having been brought on to trial, dur-. ing the term.
    Mr. Morris for the plaintiff objected, that though a plea had been put in and issue joined, no declaration had been filed, and the defendant should have taken a rule to declare, and thereby enforced the plaintiff to proceed without delay.
   Per curiam.

The plaintiff shall not take advantage of his own neglect and laches. Besides, if the objection has any weight, it should have been made when the rule was taken at the last term; and a case in the Common Pleas before Mr. Justice Shippen was cited, where in replevin, the cause being at issue, but no declaration filed, the defendant moved for trial, both parties being actors, and the present exception was ■taken, but the same was overruled by the court.

Non pros directed to be entered.  