Howell v. Denniston ( 1805 )

Kent, C. J.

The rule to plead was irregularly entered ; because, until the writ be returned, bail filed, or an appearance en= tered, there is no basis for a proceeding, and the court has no cognizance of the cause, so as to authorize pleadings. With respect to their being no merits, we never regard that, when the application is for irregularity.