Carthew he will versus foot pasch W m b r rot judgement that the writ shall  abate and for what reason salk in replevin for take his cattle in in loco  peremptory or urgent call S in Plimpton saint mary in Devonshire the defendant  plead that be take the cattle in in loco peremptory or urgent call n in  Plimpton c and traverse that be take they in S prout c and pro return habend  he make conusance as bailiff to George Parker who be seize in fee of the say  place call d who demise it to t S render rend for a certain number of year and  that for rend arrear be distrain as bailiff to the say George Parker the  plaintiff reply protestand that the say George Parker do not demise the say  place call d to the say t S prout he traverse that the say George Parker be  seize of the place call d in fee at the time of the demise and upon a general  demurrer to this replication holt chief justice at the first open the cause  hold that all the plead be discontinue because there be no answer to the plea  and traverse which be in abatement of the writ and that the plaintiff have  nothing to do with the matter allege pro retorno habend but ought to have  maintain his writ by take issue Carthew er p upon the traverse in the plea and  therefore because the defendant have demurrer and the plaintiff join in  demurrer all be discontinue and the defendant shall have no other judgement as  it be hold in Rep a Herlakenden S case moreover the defendant in this case  ought not to have demurrer but shall have take judgement as by nil to say  because this replication be as none and so he conclude that all be discontinue  and therefore the defendant can not have judgement pro return habend but the  other judge hold that the judgement shall be that the writ shall abate and  that the defendant shall have a return habend because he have demurrer to the  plea in the same term and the chief justice will not oppose they in this  matter and therefore the judgement be that the writ shall abate quod notam  Carthew de term sanct trin year willi nariae b r