West Virginia Supreme Court July 15, 1868 (Manufacturers & Farmers Bank v. Mathews)

Brown, .President.

The plaintiff in an action of assump-sit, on leave, files an amended declaration, to which the defendant at once files his plea.

Is the plaintiff' entitled of right, if he requires it, to a rule to reply ?

If he is, then it was error in the court to refuse him a continuance and put him to a nonsuit.