« ForrigeFortsett »
to infancy, ratification after defendant came of age, 595.
to insolvent act, admitting plea, 596.
to tender, denial of tender and of set-off, 596.
a writ issued before the tender, 597.
a writ with several continuances, 598
a prior demand, 600.
a subsequent demand, 601.
admission of tender and similiter to general issue, 601.
to accord and satisfaction, denial of delivery of bond, &c. 602.
to arbitrament, denial of the award, 602.
to judgment recovered in same court, nultiel record, 602.
in another court, nul tiel record, 603.
to release, non est factum, 603.
obtained by fraud, 603.
to set-off, nil debet, 604. 597.
on a recognisance, &c. rul tiel record and nil debet, 604.
statute of limitations, 605.
to court of conscience act, defendant indebted in more tlian 40s. 605.
to statute limitations, that defendant did undertake, &c. 605,
that causes of action did accrue, &c. 606.
a writ sued out in time, 606.
a writ with continuances, 606, n. g.
that plaintiff' was beyond sea, &c. 607.
that defendant was beyond sea, &c. 607.
other replications, 608.
to pleas by and against executors-(see title “ Executors,") 608 to 614.
New assignments in, 652.
Rejoinders to pleas of
infancy, that the goods were not necessaries, 658.
that defendant did not ratify the promises, 659.
to latitat, that when it was issued plaintiff had no cause of ac-
to a latit it, shewing time when it was issued, 660.
denial of prior de mand, 661.
denial of subsequent demand, 662.
release, that the release was obtained fairly, 662.
limitations, that the cause of action did not accrue within six years, 662.
shewing actual time of issuing the writ, 662.
traverse of the intent of issuing the writ, 663.
suit not commenced within 6 years of defendant's return, 663.
no assets come to hand since exhibiting bill, 663.
judgments against defendant fairly obtained, 664.
demurrers in-(see title “ Demurrer.")
ATTORNEY-(see titles “ Agent,” “ Abatement," ana Privilege.")
assumpsit by for fees, &c. for every description of business and journeys, &c. 28
by an agent against another attorney, 30.
against an attorney for negligence, &c. 96.
pleas by in abatement-(sce title “ Abatement,” 411 to 414.
assumpsit for, 21.
statement of in a policy of insurance, 71.
form of in a quantum meruit or valebant count, 6. and 143.
of policy of insurance being effected by plaintiff as agent, 72.
of facts occurring after agreement and promise, 76.
of plaintiff's having stayel proceedings in an action, 82. 84.
of expiration of reasonable lime, 91.
of performance of condition precedent, 197.
AVOWRIES-(see title “ Replevin.”)
for rents, 512 to 513.
for poor rate, 515.
for a distress damage-feasant, 516, 517.
for a return, 511.
AUCTIONEER-(see titles “ Agent" and " Attorney.")
AUTER ACTION PENDANT,
plea of in abatement, 418.
in bar in a penal action, 490.
AWARDS AND ARBITRATION,
statement of making of, after time enlarged, 436, 437, 458.
in assumpsit, 79.
in debt, 145.
pleas in debt on
no award made, 476.
stating award and plaintiff's non-performance of condition precedent, 476.
other pleas, 477.
replications stating award and breaches, 619
rejoinder no such award, 664.
declarations on and relating to
debt by assignee of sheriff when first suit was by bill, 162.
the like where proceedings in first action were by original, 166.
the like in C. P. against principal or bail, 167.
case for not assigning of, 311.
pleas in debt upon
no process against principal, 478.
ease and favour, 478.
comperuit ad diem, 479.
other pleas, 480.
replication, denying the ease and favour, &c. 620.
assumpsit against, 103 to 123.
1. deposituin ; for not taking care of goods, 103. 114, 115.
2. mandatum ; for not performing some act, 103 to 104.
3. commodatum ; against bailee having care of goods, &c. lent to him,105.
4. pignori ; against a pawnbroker for losing a pledge, 106.
5. locatio, or bailee for reward.
1. locatio rei,
against hirer of a horse for immoderate riding, &c. 107.
against the hirer of household furniture, 109.
2. locatio operis faciendi,
against watchmaker for loss of watch delivered him to repair,
against a wharfinger for loss of goods, &c. 111.
against a farrier for badly shoeing plaintiff's horse, 115.
3. locatio operis mercium vehendarum
against a carrier by land for loss of goods, &c. 117.
against a coach-owner for not carrying plaintiff, 119.
against captain of ship on bill of lading for loss of goods, 121.
against an agent for not accounting, &c. 123.
case against in general, 270, 271 to 276.
BAILIFF-(see titles “ Servant” and “ Cognisance.”)
traverse of defendant's being bailiff, 631.
trover for, 324.
BANKRUPTCY-(see title “ Assignees.")
plea of defendant's bankruptcy generally in assumpsit, 426.
the like where defendant obtained his certificate after action brought, 427
proceedings on stated, 427 to 430.
plea of plaintiff's bankruptcy in debt, 471.
BARGAIN AND SALE ENROLLED,
BARON AND FEME—(see title “ Husband and Wife.”)
declarations on, 154.
plea in action on, non damnificatus, 480.
BATTERY AND ASSAULT,
declarations for--(see title “ Trespass" and Analytical Table,) 371 to 377.
BEGINNINGS-(see title " Commencements.")
of chattel, real, or personal property, how pleaded, 232..
BILLS OF EXCHANGE, &c.—(see the forms in " Chitty on Bills, Ind. tit. Precedents.)
for not delivering of in payment for goods, 85.
for not indemnifying an accommodation acceptor, 88.
trover for, 323.
plea of delivery of in satisfaction, 436.
set-off on, 446.
BILL OF LADING,
assumpsit upon, 121.
BOARD AND LODGING,
assumpsit for board and lodging, 19.
lodging and necessaries provided, 19, 20.
BONDS-(see also titles " Bail-Bonds,” “ Replevin Bonds," "
debt on bonds,
1. generally, 151.
in the King's Bench, 151.
in the Common Pleas, 152,
in the Exchequer, 152.
counts on several bonds, 152.
2. specially stating conditions and breaches.
in general, 153.
on bastardy bond, 154.
on annuity bond, 155.
on bond to replace stock, 156.
3. relating to character, &c. in which the party sues or is sued, 157 to 161.
general observations, 157.
by executor of obligee against obligor, 158.
by administrator of obligee against obligor, 158, 159.
against heir of obligor, 159.
against the heir and devisee of obligor, 161.
trover for, 323.
plea of bond given in satisfaction, 434.
set-off on, 445.
outstanding bond pleaded by an executor, 455.
of common assumpsit counts in general, 44.
at the suit of a surviving partner, 45, 47.
against ditto, 48, 49.
at the suit of husband and wife, 49.
against busband and wife, 50.
at the suit of assignees of a bankrupt, 52. 54, 55.
at the suit of executors, 56. 58, 59, 60.
against executors, 60. 62, 63.
at the suit of administrators, 64, 65, 66, 67.
against administrators, 67, 68, 69.
in general, 141. 144.
special, of bonds, 154 to 157.
double breaches assigned,
in a declaration, 154. 156.
in a replication, 620.
non-payment of rent, 194.
not repairing, 197.
in general, 199.
assumpsit by insurance.broker for fees, &c. 55.
for premiums of insurance, 36.
by factor or agent, 34.
BUIL DER AND BUILDINGS,
assumpsit on a building agreement, 93.
seisin of, pleaded, 199.
CAPIAS AD RESPONDENDUM,
pleaded in K. B. or C. P. 166, 167.
CAPIAS AD SATISFACIENDUM,
pleaded, 148. 543.
plea by bail that none was issued against principal, 489.
arrest under, 542.
assumpsit for hire of, 21.
work and labour with, 32.
case for negligence in driving of, 281.
trespass for driving of against plaintiff's carriage, 380.
CARRIAGE OF GOODS-(see title “ Freight.”)
assumpsit for, 33.
CARRIER-(see title “ Bailees.")
assumpsit by for carriage of goods, 33.
against, by land for loss of goods, 117.
for not carrying a passenger, 119.
ou bill of lading, &c. for loss of goods, 121.
case against for loss, &c. of goods, 271, 272.
CASE-(see Analytical Table and the respective heads.)
1. for torts to the person, 238 to 270.
2. for torts to personal property, 270 to 331.
3. for torts to real property, 331 to 364.
1. corporeal, 331 to 354.
2. incorporeal, 354 to 364.
4. on statutes, 364.
general issue not guilty, 502.
statute of limitations, 502.
accord and satisfaction, 502.
that plaintiff was a thief, 503.
that plaintiff was guilty of perjury, 504.
that plaintiff was insolvent, 506.
that 3d person was author of slander, and defendant only re-
replication de injuria, 628.
CASSETUR BILLA VEL BREVE,
entry of, 590.
CATTLE-(see title “ Fences.")
case for dogs injuring of, 239.
trover for, 323
trespass for chasing of, specially or generally, 377, 378.
for seizing of, 387.
for converting of, 377, 378.
CEPIT IN ALIO LOCO-(see title " Replevin.")
plea of, 510.
CHASING SHEEP, &c.-(see title “ Cattle.")
trespass for, 377, 378.
CHECKS ON BANKERS,
declarations on (see“ Chitty on Bills," p. 332, 333.
COGNISANCE-(see title.“ Replevin.")
for rents, 512 to 515,