form of declaration in, 4.
debt on judgment of, 181.

process out of, pleaded, 597.
EXECUTORS-(see title “ Administrators.")
assumpsit by on promises to testator, 55.

on promises to plaintiff as executor, 56.
on an account stated with him as such, 57.
a surviving executor, 58.
husband and wife executrix before marriage, 59.
the like where wife became executrix after marriage, 59.

profert of will, 56. 158,
against on promises by testator, 60.

on promises by defendant as executor, 61.
on an account stated by defendant as executor, 61.
a surviving executor, 62.
husband and wife executrix before marriage, 63.

the like where she became executrix after marriage, 63.
debt by executor of obligee against obligor, 158.
covenant by, 205.
trover by, 326, 327, 328.
proof of will by, pleaded, 232.
assent by to a bequest pleaded, 232.
pleas by and against,
in assumpsit,

ne unques executor, 450.
ne unques administrator, 451.
plene administravit generally, 451.
plene administravit præter, 452.
a retainer, 452.
judgment recovered against testator, and plene adminis.
bonds outstanding, and

travit præter, 454.
judgment recovered against defendant, 458.
in general, 471.
plene administravit generally, 471.

the like before notice of the bond, 472.
replications by and against,
in assumpsit,

to ne unques executor, that defendant is executor, 608.
to plene administravit, general denial of plea, 608.
to plene administravit præter, bonds outstanding, assets ultra,

that defendant had assets when he had notice of writ, 609.
that assets came to hand after exhibiting the bill, 610.
that judgments against defendant, were suffered by fraud, 610,
that bond has been paid and is kept on foot hy fraud, 612.
prayer of judgment of assets, in futuro, and general issue, 612.

the like with award of inquiry, 613.
rejoinders by and against,
in assumpsit,

that no assets have come to hand since issuing the writ, 663.

that the judgments against defendant were fairly obtained, 664.
EXTRA VIAM-(see title New Assignment."),

assumpsit by, for commission, &c. 34.

in debt,


case for giving of, 278.

declarations for,

specially, 376.
generally, 376, 377.

FALSE RETURNS-(see title " Sherif")

case for, to mesne process, non est inventus, 302.

case for, to final process, nulla bona, 303 305.

assumpsit against, for badly shoeing horses, 115.

assumpsit for, 28 to 31.

by an attorney for various descriptions of business and for journeys, &c.

by one of the sixty clerks in the Court of Chancery, 29.
by a proctor, 29.
by an agent against another attorney, 30.

by a sheriff's officer, or bailiff, &c. 31.
FEE SIMPLE-(see titles “ Copyhold,"" Fee Tail," and Analytical Table.)

seisin in fee in possession pleaded of different property, 200.
of husband and wife, 201.
of the king, or a corporation, 201.
in reversion, 208.
in severalty, 210.
in joint-tenancy, 210.
coparcenary, 211.
tenancy in common, 212.


assumpsit on to try existence of a modus; bankruptcy, &c. 77.
FEME COVERT-(see title “ Husband and Wife.”)

appearance and defence by, 409.
plea of coverture of, when plaintiff) 414.
the like when defendant, 415.
coverture in bar in assumpsit, 425.


declarations for not repairing of, 348.
pleas of defect of fences,

jn trespass to real property, 557.
in bar to avowries for distresses damage-feasant generally, 635. 637.
defendant's neglect to keep a gate shut, 636.

plaintiff entitled to common in adjoining close, 637.

to a plea of a distress damage-feasant, defect of fences, 647.
to plea of escape through defect of fences, that defendant turned the

cattle in, 649.

to the like plea that the cattle were unruly, 649.
in replevin, denial of defendant's obligation to repair fences, 668.
denial of defect of fences, 669.

[merged small][merged small][ocr errors]

FIERI FACIAS-(continued.)

declarations for false returns, &c. to, 303 to 306.
justification under, 584. 586, 587.


on admission to a copyhold, assumpsit for, 13.
fines levied with and without proclamations, pleaded, 222, 223.

FISHERY_(see title " Trespass.")

declarations in trespass for, 389 to 393.
pleas; rights of fishery, 560 to 563.


assumpsit to pay costs in consideration of staying proceedings against defendant,


to pay debt of a third person, in consequence of forbearance, 83.

declarations for, 383, 384, 385.
FORMER RECOVERY-(see titles Fudgments recovered," and " Auter action pese


FORMS OF COURT-1 to 5. (and see Sheet of Forms.)


case for disturbance of, 363.

plea that deed was obtained by, 464.
replication that release was obtained by, 603.

judgments against executrix, obtained, &c. by fraud, 610 to 612.
replication that deed was duly obtained, 615.


sold, assumpsit for price of, 7.

[ocr errors]

avowry by, for a distress damage-feasant, 516.

under a prescriptive right of common, 517.
justification by under tenant in fee, 551, 553. 555.


assumpsit for freight, primage, average, &c. 21.
FUNERAL-(see title Undertaker.")

assumpsit for use and hire of, 21. 11.

for improperly using same, 109.

action of debt for killing, &c. not being qualified, 187 to 189.

pleaded, i99. n. (a).
in assumpsit,

non assumpsit, 423.
the like by an executor or administrator, 423,
the like as to part and tender as to residue, 431.

GENERAL ISSUES--(continued.)
in debt,

nil debet generally, 459.
nil debet in debt, qui tam, 459.
non est factum, &c. 460 to 462.

nul tiel record, 488. 490.
in detinue,

non detinet, 495.
in covenant,

non est factum, 496.
in case,

not guilty, 502.
in trespass,

not guilty, 519.

the like to a part, with a special plea to the residue, 519.
in ejectment, 588.

GOODS, &c.
assumpsit on contracts relating to,

for goods sold and delivered to defendant, 16.
for goods sold to defendant and delivered to a third person, 17.
for goods sold to defendant and not accepted, 17.97
for a crop of grass or turnips sold, 17.
for tithes, 18.
for use and hire of goods, &c. 21.32.
for not paying money on exchange of horses, &c. 84.
for not delivering a bill of exchange in payment for goods sold, 85.
on a contract to pay for goods sold to a third person, 86.
for not accepting goods, &c. sold, 97. 17.
for not delivering goods, &c. bought, 99.
on a warranty of a horse, &c. 100.
the like on an exchange of horses, &c. 102.
for not returning goods, or paying for them, 105.
against bailees for loss of, &c.- see title“ Bailees.")

for not accounting for produce of, 123.
troyer for--(see title “Trover.")
case for injuring goods in reversion, 330.
trespass for seizing of, 378.

in a dwelling-house, 382.
de bonis asportatis, 379.


for lease and business, 8.
for a business alone, 24.


assumpsit for price of crop of, 17.


to pay money in consideration of forbearance of a third person, 83.

to pay money in consideration of sale of goods to a third person, 86.

statement of in covenant, 192.
HAD AND RECEIVED.(see title" Money Counts.")

[merged small][ocr errors][merged small][ocr errors][merged small]

HOUSES-(see title “ Ancient Windows,")

case for nuisances to, 331 to 334.
trespass relating to, 382 to 385. (see title “ Trespass.")

pleas in defence of possession of, 529 to 532.

trespass for-(see title “ Trespass.") 389
HUSBAND AND WIFE-(see titles " Feme Covert,” and “ Coverture.")
assumpsit by or against,

by for work and labour by feme before marriage, 49.
against for work, &c. for feme before marriage, 50.
by or against as executrix, 59. 63.
by or against as administratrix, 66, 67. 69.

for not marrying, 89.
estate in fee in right of wife, 201.

in a term in a right of, 204. n. (m).
in fee in severalty in wife by survivorship, 210
title by marriage pleaded, 214.

fine levied by, pleaded, 222, 223.
for criminal conversation, 265, 266.
by husband and wife for battery of wife, 374.

by husband alone for battery of wife, per quod, &c. 374.

* necessity for and use of, 405 to 408.
common imparlance by bill, 405,
the like by original, 405.
general imparlance, and suggestion of death of one of defendants, 406.
special imparlance by bill, 406.
the like in another form, 407.
special imparlance by original, 407.

general special imparlance, 408.
IMPRISONMENT-(see titles " False Imprisonment," And " Trespass.")

justifications of, 533 to 546.

« ForrigeFortsett »