case SLANNEY against SLANNEY plea put in after rule for plead be out beginning  in bar and conclude in abatement S c ld ray debt upon a bind a declaration be  deliver before month pasch and a plea put in after the rule of plead be out  beginning with action non and conclude in abatement the doubt be whether this  be not a discontinuance and it be say the book run both way and agree if it be  take in abatement it come too late the rule be out and the case of bisse v  Harcourt be quote where a attainder in disability of the person be plead thus  and the plaintiff reply demand judgement of damage show that it be a  discontinuance matter modern report er p of abatement be plead in bar and say  if the plaintiff have plead matter of fact answer a matter plead in abatement  a conclusion of a prayer of damage have be proper but where he do not reply  such a fact be only ought to pray that his writ be adjudge good for if upon  trial of matter of fact plead in abatement the issue be for the plaintiff be  shall have judgement final and the case of Medina v Stanten here modern report  before be quote holt chief justice where the court award a to answer ouster  when the judgement ought to be final it can do no harm because the defendant  can assign it for error no more than be can the award a essoin when it ought  not to have be be for his advantage at another day he say the defendant begin  with a action non because the plaintiff be outlaw in the common plea and pet  jud de shorten which be a clear plea in abatement and more be quote where it  be hold that if the plea be for any matter appear in the writ it be proper to  conclude with a jud de shorten but if it be for any thing out of the writ as  jointtenancy or the like the conclusion may be with a judgment de shorten or  otherwise in abatement if one begin in abatement and conclnde to action it be  ill if the plea be not sufficient in bar accord to the conclusion and if  demurrer be to such plea in that case judgement shall be against the defendant  for his conclusion affirm the writ good but if the plea commence in bar with a  good matter and conclude to writ abatement it will be well for the plaintiff  can have a good writ if he have not a good cause of action Henry and it be say  if in the principal case the plaintiff have demurrer or reply in bar and the  court be of opinion that it be a plea in abatement perhaps it will be a  discontinuance at last the rule be for the defendant to conclude his plea well  and then judgement shall go accord to the goodness of the matter for if this  be make in abatement it be irregular after the rule be out therefore let  defendant show cause why he shall not conclude in bar for these irregularity  in plead shall not be encourage to inveigle the court