PUIS DARREIN CONTINUANCE, pleading. These old French words signify since the
last continuance.
2. Formerly there were formal adjournments or continuances of the
proceedings in a suit, for certain purposes, from one term to another; and
during the interval the parties were of course out of court. When any matter
arose which was a ground of defence, since the last continuance, the
defendant was allowed to plead it, which allowance was an exception to the
general rule that the defendant can plead but one plea of one kind or class.
3. By the modern practice the parties are, from the day when, by the
ancient practice, a continuance would have been entered, supposed to be out
of court, and the pleading is suspended till the day arrives to which, by
the ancient practice, the continuance would extend; at that day, the
defendant is entitled, if any new matter of defence has arisen in the
interval, to plead it, according to the ancient plan puis darrein
continuance, before the next continuance.
4. Pleas of this kind may be either in abatement or in bar; and may be
pleaded, even after an issue joined, either in fact or in law, if the new
matter has arisen after the issue was joined, and is pleaded before the next
adjournment. Gould on Pl. c. 6, Sec. 123-126; Steph. Pl. 81, 398; Lawes on
Pl. 173; 1 Chit. Pl. 637; 5 Peters, Rep. 232; 3 Bl. Com. 316; Arch. Civ, Pl.
353; Bac. Ab. Pleas, Q; 4 Mass. 659; 4 S. & R. 238; 1 Bailey, 369; 4 Verm.
545; 11 John. 4; 24; 1 S. & R. 310; 3 Bouv. Inst. n. 3014-18.