« ForrigeFortsett »
traverse of the intent of issuing the writ, 663.
exhibit his bill within six years of defendant's first return, '663. to replication that assets had come to hand since the exhibiting the
bill, denying the fact, 663. to replication that the judgments against the defendants were ob
tained by fraud, denying the fraud, 664.
to replication stating an award, denying the award, 664.
REPLICATIONS IN REPLEVIN.
in general, 666.
locus in quo, traverse of right of common, 669.
REJOINDERS IN TRESPASS.
1. similiter to replication concluding to the country, 670.
common form of a surrejoinder, 672.
REBUTTERS AND SURREBUTTERS.
rebutter denying the waiver of the notice to quit, 673.
PLEAS, &c. TO NEW ASSIGNMENTS.
general issue to new assignment, 674.
PLEAS PUIS DARREIN CONTINUANCE.
pleas puis darrein continuance of release, &c. not at the assises, 676. the like at the assises, 676.
general demurrer to a declaration, 678.
general demurrer to a plea in abatement, 679.
to a plea in trespass, 680. TO REPLICATIONS, &c.
general demurrer to a replication, 681.
JOINDERS IN DEMURRER.
joinder in demurrer to a declaration or replication in assumpsit, 682.
1. BEGINNINGS AND CONCLUSIONS OF DECLA.
1. IN THE KING'S BENCH.
Markham and Le Blanc.
Thursday next after fifteen days of St.
Hilary,(a) in Hilary Term, 47 Geo. III. MIDDLESEX, (to wit.)(6) A B complains of C D, being in 1. In asumpthe custody(c) of the marshal of the marshalsea of our lord bill or latitat. the now king, before the king himself, of a plea of *tres
(a) As to the title of the declara- tled specially of a subsequent day in tion in general, see vol. 1. chapter on that term, and it is always advisable Declarations and 2 Saund. 1. n. in an action of assumpsit, case, or 1. The declaration should in gene- trespass, to entitle the declaration ral be entitled of the term in which specially of the day it is delivered or the writ is returnable, 3 T. R. 624. filed, in order to admit of evidence but when it is by the by, may be en- of a promise, &c. after the first day titled of the term when it is deliver- of the term. 1 T. R. 116. 7 T. R. 4. ed. Id. 627. and if there be several 4 East, 75. But a declaration in sci. defendants who put in bail of differ- fa. may be entitled generally, 3 Wils. ent terms it should be entitled of the 154. term of which the last bail was put (6) As to the venue, sce vol. 1. in. Id. 1 Wils. 242. When the cause chapter on Declarations. of action arose after the first day of (c) This form is to be adopted whes the term in which the writ is return ther the defendant be in the actual or able, the declaration should be enti- supposed custody of the marshal.
* I have here only given one or two of the most nsual forms in each court. For the great variety of these forms in different actions, and against particular persons, see the Forins of Court, &c. which I have lately published on a farge single sheet VOL. II.