
    [Pittsburg,
    September 28, 1827.)
    THOMPSON against CROSS.
    IN ERROR.
    After a trial on the merits, the court -will not listen to an objection that there was no replication or issue.
    Error to the Court of Common Pleas of Mercer county.
    In the court below Cross declared against Thompson in debt on bond. The defendant pleaded payment with leave. The cause went to trial, and a verdict was rendered for the plaintiff for fifty-four dollars and ninety-eight cents.
    The error now assigned was, that there was no replication.
    The counsel, on opening the case, was stopped by the court.
   Per Curiam.

We will not permit an exception like this to be argued. We have repeatedly declared, that we will not listen to objections such as this; even though there should have been no issue at all. It would be a scandal to the administration of justice, if we were longer to hear these objections, after a trial on the merits; and, although we will not lightly depart from our own decisions, yet, where we find them producing serious mischiefs, we ought to abandon them. The mischiefs resulting from the frequency of these petty exceptions has become intolerable; and we direct the judgment to be affirmed.

Judgment affirmed.  