Beaton versus forest hill car rot debt in a action of debt upon a single bill  the defendant after imparlance plead payment of part after the latter  continuance petit quod billa empty c the plaintiff deny the payment and the  defendant demurrer and it be resolve by roll that the plea be insufficient  although plead in abatement only for that there ought to be a acquittance  which be controvert in the old book where a difference have be take between  such a plea plead in bar and when plead in abatement vide l e h e h g e e but  roll say if he have have a acquittance he may have plead it in bar or  abatement at his election then it be move by yard to have judgement peremptory  for that this plea be plead after imparlance for that the plaintiff have  tender a issue upon the defendant plea which he have refuse but it be resolve  that the plea be not peremptory for when a plea conclude in abatement it be  not peremptory but if a plea in abatement be plead in bar it be peremptory  though it be plead after imparlance and issue tender upon it yet it be not  peremptory upon a demurrer h d in a writ of entry upon a seize make to the  ancestor the tenant plead in abatement that the demandant himself be seize the  demandant deny his seize and conclude to issue the tenant plead a estoppel to  the demandant which upon demurrer be overrule and yet not peremptory Br title  peremptory but if issue be join upon a plea in abatement then it be peremptory  e I Katesby et king sa feme port assize the tenant plead that long time before  king be marry to jc c and that she be still the wife of jc and not the wife of  the demandant I king and demand judgement of the writ and issue be join  thereupon the tenant conclude to the assize the demandant demurrer as to the  trial alein report videlicet that it ought to be by the b b and it be award to  be try by the assize and the demandant will have wave his plea in abatement  and have plead in bar the marriage of king with jc and a release from jc but  be not admit because the issue make it per emptory to he and so it be if after  issue join the defendant plead a plea in abatement this be peremptory as well  upon demurrer as upon trial by verdict because after issue join no respond  ouster can be award and with this agree l e where in debt after issue join the  defendant at the nisi prius plead payment of part after the latter continuance  in abatement and the jury be alein report er p discharge and the plea adjourn  in bank for that no place of payment be plead the plaintiff have judgement to  recover his debt and e the tenant in a who in way plead the entity of the  demandant after the latter continuance and issue be join thereupon the king  die and upon a resummons he plead a recovery of part in a assize after the  latter continuance to which the demandant plead a estoppel and upon a demurrer  judgement be give for the demandant to recover seize and roll say that if  after imparlance the defendant plead a plea in abatement which be wave by the  imparlance the plaintiff must not demurrer but move the court that he may be  compel to plead in chief but if demurrer be join upon it it be not peremptory  to the defendant although the demurrer be adjourn till another term as it be  in this case h e and a respond ouster be award in the principal case notam  difference between a plea in abatement and a plea to have aid for if issue be  join d upon a prayer in aid and find for the tenant the judgement be only that  he have aid e vide stat Westminster cap for counterplea of voucher that if it  be adjourn and adjudge against the tenant it be peremptory to he in e a