burrow foster versus snow wedn d may judge in vacation may order defendant to  plead such plea as he will stand by Cause be show on the part of the plaintiff  against discharge a order make by Mr just denison at his chamber and against  the defendant be at liberty to wave his plea and plead the general issue Mr  justice denisons order make in the vacation be that the defendant shall plead  such plea as he will stand by and it be object to it that such a order ought  not to have be make by a judge at his chamber the whole case be this it be a  action on a policy of insurance the declaration be deliver in Hilary term last  on the that of February the venue be lie in the county palatine of Lancaster  the defendant attorney apply to Lord Mansfield and obtain a order from his  lordship for ten day time to plead the defendant plead a issuable plea and  consent to take short notice of trial if necessary for the next assize the  defendant have file a bill in chancery to which no answer be put in the  defendant attorney be desirous to see what answer will be make to this bill in  chancery before he plead endeavour to stave off the commonlaw trial till after  the then approach assize in order to obtain which end he plead a sham plea of  a judgement recover in another court on his plead this sham plea the plaintiff  attorney immediate apply it be then vacationtime to Mr justice denison who  make the above order then the plaintiff attorney put in a replication of nul  tiel record and make up and deliver the paper book with the common rule  endorse thereon I to return they within four day otherwise a writ to issue the  defendant attorney return the paper book within the four day but at the same  time give notice that he will move the court that the judge order may be  discharge and that the defendant may be at liberty to wave his plea and he  afterward make affidavit of all the abovestated fact and also that he very  believe from what evidence he be at present possess of together with such  further evidence as he expect to arise from the plaintiff answer to the bill  in chancery that the defendant will be able to make a good defence at the  trial of this commonlaw cause and he offer to bring all the money demand into  court burrow the court all agree in justify the order make by Mr justice  denison not only as be right make upon the circumstance appear to he but also  as be such a one as may be proper make by a judge at his chamber Lord  Mansfield say it be reasonable to indulge defendant with some time to make  their defence on special circumstance be make out and that if the whole matter  have appear to he when he give the defendant ten day he may perhaps have grant  a imparlance Mr just denison observe that plead issuably mean plead such a  issue as the plaintiff may go to trial upon Mr just foster observe that if the  ld Ch justice have be acquaint with the whole circumstance of the case when he  make his order for ten day he will have grant so much time as to have carry it  over the assize the matter end at last in a rule by consent and the witness be  to be examine before commissioner c