« ForrigeFortsett »
Beginning, pass on the case, &c.(d) For that whereas, &c.(e) [here set &c. of declal'utions.
forth the cause of action, whether in assumpsit, case, or trover, and conclude as follows : )(f) To the damage of the said A B of de and therefore he brings his suit, &c.
John Doe, Pledges(s) to prosecute,
and Richard Roe.
Markham and Le Blanc,
Thursday next after fifteen days of St.
2. Against a Middlesex, (to wit.) A B complains that CD, being in the
ed a latitat,"') issued out of the court of our said lord the
-, in this
(d) In debt, covenant, &c. the form conclusion in trespass is as follows: varies; see the sheet of forms of court,
and other wrongs to the said &c.
A B then and there did, against (e) A declaration by bill in tres. the peace of our said lord the king, pass, stating, that whereas, or where, and to the damage of the said A fore, the defendant did the act com B of -l. and therefore he brings plained of, is bad on special demur- his suit, &c. Pledges," &c. rer, see vol. 1. chapter on Declara. (5) The omission of pledges is not tions. 1 Stra. 621. 2 Stra. 1151. 1162. material. 3 T. R. 157. but not so by original, or in C. P. (1) See ante, 1. n. (a) as to the title. when the writ is recited, 1 Wils. 99. (i) As to this form, see vol. 1. title 2 Wils. 203.
Declaration. In this case since the (f) The conclusion in debt, qui 4 & 5 W. & M. c. 21. s. 3. if the detam, runs as follows: “ And there. claration do not shew at whose suit fore as well for our said lord the the defendant is in custody, it will be king,” (or “ for the poor of the said bad on general demurrer, 2 Lord parish of ") "as for himself in Raym. 1362. 1 Wils. 119, 120. but this behalf, he brings his suit,” &c. this form is not necessary when the A common informer is not entitled to plaintiff has proceeded by special oridamages. $ Burr. 2021. 2490. The ginal, Imp. K. B. 618. Tidd, 311.
Beginning's, &c. of declu. rations.
In the King's Bench.
Thursday next after Afteen days of St.
the same ac
Middlesex, (to wit.) C D and E F were attached to answer 3. When one
of the defendtA B of a plea of trespass on the case, &c. and thereupon the
ants has been said A B, by G H, his attorney, comes and gives the court here ontlawed Eo understand and be informed, that since the suing out of the tion. original writ in this cause, and before this day, to wit, on, &c. the said E F was duly outlawed in the same court here in this suit, as by the record of the said outlawry remaining in the said court in full force, more fully appears; and hereupon the said A B, by his attorney aforesaid, complains against the said C D, in the plea aforesaid, for that whereas, &c. [stating the promises by both the defendants.]
N. B. This declaration must be entitled after the outlawry is complete, 1 Wils. 78. 1 East, 133.-it must state an outlawry in the present suit, 3 East, 144.—but need not refer to the record of outlawry, 7 East, 50. As to the plea denying the ontlauty, see | East, 133, 634.
II. IV THE COMMON PLEAS.
In the Common Pleas.
Hilary Term, 47 Geo. III. (K)
Middleser, (to wit.) C D(I) was attached to answer *.1 B of
4. In the a plea of trespass on the case, &c.(on) and thereupon the said Common
(1) As to the title of this declara-. (1) The addition neels not be station, see ante, 1. n. (a), and the obser- ted in the declaration, s B. & P. 395. vation at the end of this precedent. (m) As to the distinction between
(k) As perhaps a common capias the words attached and summoned, may be issued before the cause of ac- and as to this short recital of the nation aroge, as io K. B. sec 1 B. & P. tare of the action, sce i Saund. 318. 342. 2 B. & P. 235. it may therefore 1.3. be advisable to entitle the sleclaration specially, as in K. B. ante, l.n.(a).
Beginnings, AB, by E F, his attorney, complains,(n) for that whereas, &c. &c. of decla. rations.
[here state the cause of action and conclude() as follows : ] Wherefore the said A B saith that he is injured, and hath sustained damage to the value of -. and therefore he brings his suit, &c.(A)
III. IN THE EXCHEQUER.
In the Exchequer of Pleas.
Hilary Term, 47 Geo. III.
5. In the Ex. ihequer.
Middlesex, (to wit.) A B, a debtor to 'our sovereign lord the now king, cometh before the barons of his majesty's Exchequer, on the day of —, in this same term, by E F, his attorney, and complains by bill against C D, present here in court the same day, of a plea of trespass on the case, &c. (or as the form of action may be :) for that whereas, &c. [here set out the cause of action and conclude as follows :] to the damage of the said A B of -. whereby he is the less able to satisfy our said lord the king the debts (or if at the suit of an executor or administrator, “the debts of the said E F,") which he owes his majesty at his said Exchequer; and therefore he brings his suit, &c.
John Doe, Pledges to prosecute,
and Richard Roe.
(n) The omission of these words, peace of our lord the now king; though untechnical, is not demurra- wherefore the said A B saith that ble. 1 B. & P. 366.
he is injured, and hath sustained da() In debt, qui tam, the conclusion mage to the value of
- and is as in K. B. omitting pledges. In therefore he brings his suit,” &c.trespass it runs as follows: "And Omit pledges. other wrongs to the said A B then () This it is observable varies from and there did, to the great damage the conclusioa in K. B. of the said 1 B, and against the
And whereas also(9) the said CD, afterwards, to wit, on the .. The usual
form of the day and year last(r) aforesaid, in London aforesaid, in the pa- indebitamus rish and ward aforesaid, was indebted to the said A B in the
assumpsit' further sum of -. of like(8) lawful money, for, &c.
[Here the subject matter of the debt must be stated, as that the plaintiff had sold land or goods, to the defendant, or done work for him, or had lent money, c. as in the following counts, 2 Saund. 350. n. 2. and, except in the counts for money had and received, it must be alleged that the debt was incurred at the defendant's request, 1 Saund. 264.n. 1. the count then proceeds as follows :} and at his special instance and request, and being so indebted, he the said C D in consideration thereof, afterwards, to wit, on the day and year last aforesaid, in London aforesaid, undertook, and then and there faithfully promised the said A B to pay him the said last mentioned sum of money, when he the said C D should be thereunto afterwards requested.
(9) If there be no special count pre-; mon counts a day as recent as possiceding the first indebitatus count, the ble, with reference to the uitle of form immediately after the commence the declaration, so that the common ment of the declaration runs thus : breach may appear to be after the For that whereas the said C D on money payable by the bill, note, &c. the day of
in the year of was due. our lord -, in the county
(s) If the words “ lawful money of of, was indebted," &c.
Great-Britain” have not been be(r) If there be a special connt pre- fore mentioned, here insert them in. ceding the indebitatus count, it is stead of the words "iikc lawful mo. proper, especially in declarations on ney." bitts or notes, to insert in the com
* And whereas also afterwards, to wit, on the day and year form of the
last aforesaid, in London aforesaid, in the parish and ward afore-
instance and request of the said C D, had before that time,
[Here insert the subject matter of the debt as in the following
3. The usual [Same as the above quantum meruit to the asterisk, and then
as the said last mentioned goods, wares, and merchandise, at (u)
the time of the said sale, and delivery thereof, were reasonably
(1) As the plaintiff may recover on (u) This count is not in practice