
    CONSTITUTIONAL COURT, COLUMBIA,
    NOV., 1806.
    Pickens v. Shackelford.
    On motion to plead double, leave is always granted, oil condition of pleading instantly, if the cause be at issue J therefore, so notice, Or rule to reply, is necessary.
    Assumpsit. General issue pleaded. At the first court, after the declaration was filed, at Abbeville District Court, before Grimke, J., defendant in open court, and in the presence of the plaintiff's attorney, who was attending to the motion, moved for leave to plead double, which was granted ; whereupon the additional plea was directly handed to the clerk. At the calling of the cause on the docket, plaintiff’s attorney applied to the court to set aside the plea lately filed, because notice had not been given of the filing thereof^ so that the plaintiff might have replied thereto, which the court granted. Verdict for the plaintiff.
    The motion in this court was foí a new trial, and for leave to plead the additional plea to set aside as aforesaid. '
    Lesly argued to support the motion. Bowie against it.
   Waties, J.,

delivered the opinion of all the court. The leave to plead was granted on condition of pleading instanter. From the nature of such cases as the present, and from the statement of facts in this particular case, it is evident the plaintiff’s counsel had due notice of the plea in question, to which he might have replied immediately, if he was prepared to do so ; or if he wished further time to answer, it would have been granted upon his application. He was bound to take notice' of the plea put in, because, by the terms of leave to plead, it was necessary to plead instantly. If not pleaded instantly, that would have been a good objection. But this plea was in time, and there was no good ground for setting it aside.

Motion granted.  