The first pleading on the part of the defendant is the plea. Pleas are divided into dilatory pleas and peremptory pleas. Peremptory pleas are those which go to the merits of the actions. Dilatory pleas are those which merely tend to delay the suit, or which seek to defeat it on some other grounds than those affecting the merits of the action. Dilatory pleas must be pleaded first.

The following classification,7 shows the various kinds of pleas and the order in which they must be pleaded: Dilatory pleas -

1. To the jurisdiction of the court.

1. Of plaintiff.

2. Of defendant.

2. To the disability of the person.

3. To the count or declaration. (Obsolete.)

4. To the writ.

1. To the form of the writ.

1. For matter apparent on the face of it.

6 People vs. Ryder, 12 N. Y., 433.

7 Andrews Stevens' Pleading, Sec. 97.

2. For matter dehors the writ. 2. To the action of the writ

1. By way of traverse.

2. Or in confession and avoidance.

A peremptory plea must be either by way of traverse or by way of confession and avoidance.