By going to trial on the plea and notice, the plaintiff admitted the plea to be valid, as a general issue. The judge at Nisi Prius is not to decide on the-pleadings; and he was right in admitting the evidence. This is an application for a new trial; but why should we award anew trial, if the plea be bad ? A new trial is never granted for a defect in the pleadings. The plaintiff should have sought a different remedy.
Rule refused.