bonner vers hall Intr will B R rot S c but different report Carth holt a plea  in abatement that another action be depend for the same cause in our court of  common bench be have a replication to a plea in abatement traverse any of the  fact in the plea may pray a judgement in chief S C comb d send for post send  for raze Ent b   Ent a a replication confess and avoid they only riot r send  for Carth Mod salk pl d send for post a replication pray a judgement which the  court can give occasion a discontinuance r send for Carth salk pl say d send  for arg post and vide post in indebitatus assumpsit the defendant plead  another action depend in curian our men de c b for the same cause and he plead  this in abatement the plaintiff reply that there be not any action depend for  the same cause and therefore petit judgment de debt is owed et financial loss  the defendant demurrer the plaintiff join and conclude right and it be admit  that the plea be ill because be plead a cause depend in his court of c b and  for other reason but then Mr ware move that there be a discontinuance and for  that he cite Lord Raymond a case between bisse and Harcourt adjudge hill will  mark B R Carth Mod salk pl where indebitatus assumpsit be bring for the  defendant plead in abatement that the plaintiff be convict of felony the  plaintiff reply a pardon et petit judgment de debt is owed et financial loss  the defendant demurrer and the plaintiff join and conclude right and it be  adjudge that the plaintiff by his prayer of judgement of his debt and damage  in his replication have discontinue the whole but Mr Broderick argue that the  demurrer will govern the case and therefore since that conclude in abatement  it be good and for that he cite more only v Fontleroy   Entr dyer Anders Yelv  Allen Shalmer v Slingsby but per holt chief justice this case differ from the  case of bisse v Harcourt for there the plea be good and then when the  plaintiff reply new matter to maintain his writ then he shall have make his  conclusion accord but where the plaintiff traverse the defendant plea in his  replication and offer a issue he may pray judgement de debt is owed et  financial loss because if it be try peremptory judgement ought to be give but  in this case the first fault be in the defendant for the plea be ill and  therefore judgement be give quod to answer beyond