Joinders. matters in the said plea in bar contained, are sufficient in law to bar him the said C D from having a return of the said cattle, and which said plea in bar, and the matters therein contained, he the said A B is ready to verify and prove as the court here shall direct and award; and because the said CD hath not answered the said plea in bar, nor in any manner denied the same, he the said A B, as before, prays judgment, and his damages, on occasion of the taking and unjustly detaining of the said cattle, to be adjudged to him, &c. INDEX. ABATEMENT, privilege by an attorney of C. P. to an action in K. B. 411. by an attorney of K. B. sued by latitat, 413. coverture of the plaintiff, 414. of the defendant, 415. non-joinder of another joint contractor, 415. the like to debt on bond, 416. misnomer of the defendant's christian name in the K. B. 416. the like in the Common Pleas, 417. of defendant's surname, 418. of plaintiff's surname, 418. another action depending for same cause in K. B. 418. replications in to coverture denying the fact, 589. to non-joinder, that the contracts were made by defendant alone, 589. ABSTRACT, declaration in assumpsit for not delivering of on sale of estate, 125. ABUTTALS, of locus in quo stated in a declaration, 387. new assignment, stating of, 656. ACCOMMODATION, declaration in assumpsit by accommodation acceptor for not indemnifying, 88. ACCORD AND SATISFACTION, plea of in assumpsit or debt, delivery of a pipe of wine, 434. delivery of a bond, 434. account stated and delivery of a promissory note, 435. the like of a bill of exchange, 436. in covenant, 497. in case, 502. in trespass, 520. replications denial of the accord and satisfaction, 602. VOL. II. a ACCOUNT, declaration in assumpsit for not rendering of, 124. ACCOUNT STATED, assumpsit upon in general, 44. by and against surviving partners, 45 to 49. by and against executors, 55 to 63. ACT OF PARLIAMENT (see title " Statute.") - ACTIONEM NON-(see title "Onerari Non.") the like where the matter of defence arose after action brought, 421 ADMINISTRATION, LETTERS OF-(see title "Administrators.") in debt on bond, 159. profert of, 64. ADMINISTRATORS-(and see title "Executors.") on promises to plaintiff as administrator, 64. 56. an administrator de bonis non, with will annexed, 65, 66. the like where she became administratrix after marriage, 67. on promises by defendant as administrator, 67, 60. a surviving administrator, 68. an administrator de bonis non, 68. husband and wife administratrix before marriage, 69. the like where she became administratrix after marriage, 69. debt by an administrator of obligee, 158. trover by, 328. AGREEMENT, declaration in assumpsit upon it, stating it formally, 93.. ALIEN ENEMY, pleas of, in assumpsit, 425, 426. ANCIENT LIGHTS, declarations in case for obstructing of, 331. 334. ANNUITY BONDS AND DEEDS, declarations in debt on annuity bond, stating condition and breach, 155. pleas, no memorial duly enrolled, &c. 474, 475, 476. replication stating memorial, 618. APOTHECARY, declaration in assumpsit by, for attendance, medicines, &c. &c. 38, 39. APPEARANCE-(see title " Defence.") of defendant stated in pleading, 599. APPRENTICE, covenant against the father of apprentice, for his neglect of duty, 233. APPROVEMENT, of common pleaded, 651. ARBITRAMENT-(see title "Awards.") ARREST, statement of, under a capias ad satisfaciendum, 149. 544. case against the sheriff for not arresting, having an opportunity, 301... ASSAULT & BATTERY-(see title "Trespass," and " Analytical Table,") 371 to 377. by an executor to a bequest pleaded, 232. ASSETS (see titles "Heir," "Executor," and "Devisee.") plea of, by lessee to debt on lease, 487. plea of, by assignee of lease before rent became due, 488. of interest in a patent, 320. ASSUMPSIT, declarations in (for particulars see Analytical Table and respective heads,) 5 to 140. common counts, 1. respecting real property, 7 to 16. II. respecting personal property, 16 to 25. V. relating to character in which party sues or is sued, 45 to 70. special counts-(see Analytical Table and respective heads,) 71 to 140. on policies of insurance, 71. on wagers, 76. on feigned issues, 77. on awards, 79. on contracts to pay money in consideration of forbearance,82 to 84. on contracts to pay money on exchange of horses, &c. 84. for not delivering a bill of exchange for goods sold, 85. for not paying for goods sold to a third person, 86. for not indemnifying, 88. for not mairying, 89. for not employing a servant, &c. 92. for not performing works, &c. 93. against attorneys, &c. for neglect, &c. 96. for not accepting corn, &c. bought, 97. for not delivering goods, 98. on warranties, 100 to 103. against bailees-(see title " Bailees,") 103 to 123. against an agent, &c. for not accounting, 123. purchaser against vendor for not completing purchase, 125 to 129. vendor against purchaser, 129 to 133. landlord against tenant, &c. 133 to 144. pleas in bar, in-(see the respective titles and the Analytical Table,) 423 to 458. the like by an executor or administrator, 423. that contracts were made jointly with one of the plaintiffs, 423. infancy, 424. coverture of defendant, 425. alien enemy plaintiff, 425, 426. bankruptcy of defendant, 426, 427. insolvent debtors' act, 430. tender, 431. accord and satisfaction, 434 to 436. judgment recovered, 438. release, 439. set-off, pleas and notices of, (see title " Set-off") 440 to 448. court of conscience act, 448. statute of limitations, 449. executors, pleas by and against-(see title "Executors,") 450 to 459. in general, commencements, 592, 593. to infancy, denial of generally, 594. that the meat, &c. were necessaries, and nolle prosequi to residue- |