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A
TREATISE
ON
PLEADING:
WITH
A COLLECTION
OF
PRACTICAL PRECEDENTS,
AND
NOTES THEREON.
IN TWO VÕLUMES-VOL. II.
BY JOSEPH CHITTY, Esq.
OF THE MIDDLE TEMPLE.
NEW-YORK:
PUBLISHED BY ROBERT M'DERMUT, LAW BOOKSELLER,
NO. 1, CITY HOTEL, BROADWAY,
Isaac Riley,
Printer.
ANALYTICAL TABLE.
BEGINNINGS AND CONCLUSIONS OF DECLARATIONS.
I, IN THE KING'S BENCH.
in assumpsit or case, by bill or latitat, 1.
against a prisoner in the actual custody of the sheriff', 2.
when one of the defendants was outlawed in same action, 3.
II. IN THE COMMON PLEAS, 3.
III. IN THE EXCHEQUER, 4.
DECLARATIONS IN ASSUMPSIT.
I. COMMON COUNTS.
General Forms.
the indebitatus assumpsit count, 5.
the quantum meruit count, 6.
the quantum valebant count, 6.
1. RESPECTING REAL PROPERTY, FOR
1. a freehold estate sold and conveyed, 7.
2. a copyhold estate surrendered, 7.
3. a leasehold estate sold and assigned, 7.
4. good-will of a public-house, and plaintiff's business therein, 8.
5. the use and occupation of a house, or of a house and land, 8.
G. double rent on 11 Geo. II. c. 19. s. 18. 9.
7. the use of pasture land and eatage of the grass, 10.
8. the use and occupation of unfurnished lodgings, 10.
9. the use and occupation of furnished lodgings, 11.
10. board and lodging, 11.
11. warehouse-room of goods, 12.
12. the standing of a chaise, 12.
13. the moorage of ships, 12.
14. fines on admission to a copyhold, 13.
15. tolls on loaded carriages passing over a bridge, 13.
16. tolls on goods weighed in plaintiff's beam, 14.
17. tolls on live cattle brought to a market and sold there, 14.
18. second count for same tolls, 14.
19. tolls due for passing through a turnpike gate, 15.
20. second count thereon, 15
21. petty customs, 16.
II. RESPECTING PERSONAL PROPERTY, FOR
22. goods sold and delivered to the defendant, 16.
23. goods sold to defendant, and delivered to a third person, 17.
DECLARATIONS IN ASSUMPSIT-(continued.)
24 goods bargained and sold to defendant generally, 17.
25. a crop of grass or turnips, &c. bargained and sold, 17.
26. tithes bargained and sold, 18.
27 the like in another form, 18.
28. necessaries found and provided for defendant, 19.
29. necessaries found and provided for third persons, 20.*
30 horse-meat and stabling, 20.
31. agistment of cattle, 20.
32. the hire of horses or carriages, or of ships, goods, &c. 21.
33. freight, primage, average, and attendance, 21.
34 the tonnage of goods, 22.
35. a passage on board a ship, 22,
36. demurrage, 23.
37. lighterage, 23.
38. lighterage, wharfage, and warehouse-room, 24.
39. the good-will of a business, 24.
III. RESPECTING PERSONAL SERVICES, FOR
40. wages as a hired servant, 25.
41. wages as a sailor against the captain or owner, 25.
42. wages as a ship's steward or mate against the captain, 26.
43. wages as captain against the owner, 26,
44. prize-money, wages, &c. by a quarter-master against owner, 26,
45. salary as a quarter-master of a corps of troops, 26.
46. pilotage, 27.
47. crimpage, 27.
48. salvage, 27.
49. work and labour by as an attorney, 28.
50. as one of the sixty clerks in the Court of Chancery, 29. .
51. as a proctor, 29.
52. by an agent against another attorney, 30.
53. as a sheriff's officer, bailiff, &c. 31.
54. work and labour, and materials, 31.
55. work by plaintiff, &c. with horses and carriages, lighters, &c. 32.
56. the carriage of goods by land, 33.
57. work, journies, and attendance, 33.
58 work as an agent generally, and for commission, 34.
59. work as a factor or agent in selling goods, 34.
60. as an insurance-broker, 35.
61. premiums of insurance, 36.
62. as a surveyor in drawing plans, &c. and for journies and attend.
ances, 36.
63. as a schoolmaster and for books and entrance-money, 37,
64. as a surgeon and apothecary, and for medicines, 38,
65. as a surgeon, apothecary, and man-midwife, 39.
66. as a nurse, 40.
67. as an undertaker of funerals, 41.
68. as a curate, 41.
72. interest, 42.
73. work, goods sold, and for money lent, &c. in one count, 43.
74. on an account stated, 44.
75. common breach, 44.
1. COMMON COUNTS.
V. RELATING TO CHARACTER IN WHICH PLAINTIFF SUES OR DEFEDANT
IS SUED.
76. by a surviving partner, on promises to both partners, 45.
77. breach, 45.
78. on promises to surviving partner to pay debts due before death, 46.
79. counts on promises for work, &c. by the plaintiff only, 47.
80. against a surviving partner for goods sold, &c. 47.
81. breach, 48.
82. counts on promises by defendant, after the death of his partner, 48.
83. by baron and feme for work, &c. or goods sold before marriage, 49.
84 against baron and feme for work done for feme before marriage, 50.
85. by the assignees of a bankrupt, for work done before bankruptcy, 51.
86. the like on promises to the assignees after the bankruptcy, 54.
87. by a surviving assignee, 54.
88. by one partner and the assignee of another, being bankrupt, 54.
89. by an execu or for work or goods sold, &c. on promises to testator,
90. counts on promises to the plaintiff as executor, 56.
91. by a surviving executor, 58.
92. by baron and feme, executrix before marriage, 59.
93. by baron and feme, executrix after marriage, 59.
[55.
94. against an executor for work, &c. for testator on promises by
him, 60.
95. against an executor, on promises by him in that capacity, 61.
96. against a surviving executor, 62.
97. against baron and feme, executrix before marriage, 63.
98. against baron and feme, executrix after marriage, 63.
99. by an administrator, 64.
100 by a surviving administrator, 65.
101 by an administrator de bonis non, with will annexed, 65.
102 by baron and feme, administratrix before marriage, 66.
103. by baron and feme, administratrix after marriage, 67.
104. against an administrator, 67.
105. against a surviving administrator, 68,
106. against an administrator de bonis non, 68.
107. against baron and feme, administratrix before marriage, 69.
108. against baron and feme, administratrix after marriage, 69.
II. SPECIAL COUNTS.
1. on policies of insurance, 71.
2. on wagers, 75.
3. on feigned issues, 77.
4. on parol awards, 79.
5. on a promise for forbearance, to pay costs of an action, 82.
6. on promise to pay debt of third person for forbearance, 83.
7. to pay money on exchange of horses, &c. 84.
8. for not delivering a bill of exchange in payment for goods sold, 85.
9. for not paying for goods sold to a third person, 86.
10. to indemnify, by an accommodation acceptor, 88.
11. for not marrying, 89.
12. for not employing a hired servant, 92.
13. for not performing works, &c. on a building agreement, 93.
14. against an attorney for negligence, 96,
15. for not accepting wheat, &c. bought, 97.
16. for not delivering wheat, &c. according to contract, 99.
17. on a warranty of a horse to be sound, 100.
18 on a warranty of soundness on the exchange of horses, 102.
19. against a bailee without reward, for not taking care of goods, 104.
20. for not returning casks, or paying for them, 105.
21. against a pawnbroker for losing a pledge, 106.