New York Supreme Court August 15, 1843 (Beekman v. Peck)

By the Court, Bronson, J.

A plea puis darrein continuance, when pleaded at the circuit, cannot be answered there either by replication or demurrer; but must be returned into this court and answered here. And, according to the Fnglish practice, the plaintiff cannot confess the plea at nisi prius, and then go on with what may remain of his cause.