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SOUTHERN DISTRICT OF NEW-YORK, ss. BE IT REMEMBERED, that on the 30th day of July, in the 47th year of the

Independence of the United States of America, GOULD and BANKS of the L. S. said District have deposited in this office the title of a book the right where

of they claim as proprietors in the words following, to wit :

" A Complete Index to Wentworth's System of Pleading. Compiled with a view to lessen the labours of the Profession in referring to those valuable Precedents.

Ne qua studia disposta fideli,
- Intellecta priusquam sint, contempta relinquas.

LUCRET." IN CONFORMITY to the act of Congress of the United States, entitled “An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the time therein mentioned.” And also to an Act, entitled “ an Act, supplementary to an act, entitled an Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.".

JAS: DILL,
Clerk of the Southern District of New York.

PREFACE.

WHILE the correctness of the Precedents in pleading contained in WENTWORTH's collection, have been universally admitted by the profession, the work has been considered nearly useless from the total want of all method and form in the arrangement of the different heads and subjects of the work. The precedents in each form of action, were promiscuously scattered through the whole ten volumes ; and the indexes which Mr. WENTWORTH had furnished, had the sole merit of increasing the bulk and price of the work. Any thing in the shape of special pleading from such men as GARROW, LAWES, Wood, Tydd and BARROW, must command attention from legal men, but they could hardly be expected to carry their respect for these great masters of their art so far as to attempt to extract their wisdom from the chaotic volumes in question. To obviate the difficulty experienced in referring to these valuable precedents, at the

suggestion of the publisher, the task of compiling this index was • undertaken.

In the work itself the marginal notes serving as references to the precedents occupy in the several indexes, at least, a thousand pages. In this index they have been brought into the compass of less than three hundred pages, and it is believed, too little brevity, no where adopted.

New-YORK, APRIL 10th, 1822,

INDEX.

ABATEMENT,

pleas in,
privilege by. clerk of the errors in C. B. to an aca .

tion in K. B. I. 1.
clerk in exchequer to the jurisdiction of C.B. I. 5.
clerk to chief clerk sued as a common person, I. 16.
attorney in K. B. partner with another in C. B.

I. 29. the like sued as a common person (on a bail

bond) I. 32. the like in C. B. to an action in K. B. I. 38, 48. the like sued in his own court as a common per

son. I. 40. attorney declared against as in custody of the

marshall, I. 46. attorney in C. B. impleaded by original. I. 53,

VIII. 161.
the like in B. R. I. 64.
attachment sued out before cause of action ac.

crued. I. 55.
Coverture of the plaintiff. I. 41.

of the defendant. I. 51.
affidavit of the thereof. I. 41. Cand see title

Affidavit')
Nonjoinder of another executor. I. 13.

a similar at the suit of, the same. I. 13.
of a joint promissor. I, 16, 33, 68.

ABATEMENT, (continued.) pleas in,

a similar plea as to part and bar to the residue.

I. 17. of joint promissors (partners in trade) I. 27,

28. 44. the like as to part and nonassumpsit to residue.

I. 47.
of another joint administrator. I. 56.
of other co-executors. I. 58.
of another joint tenant (in trespass quare clausum

fregit). I. 52.
a similar. 1. 67.

of a joint obligor. I. 57. VII. 398. I. 65. Misnomer, of the defendant both in christian and surname. I. 1.

of christian name in the county

court. I. 2. of the christian name of wife in action brought

against husband and wife. I. 9. of the christian name of one of the defendants.

1. 16. 26.
of the defendant's christian name in B. R. I.

37. 50. 61.
of the defendant's surname. I. 32.
of the parish, (in an appeal of murder.) 1. 72.

affidavit of truth thereof. I. 61.
misjoinder of inconsistent causes of action. I. 71.
similar plea where the cause of action depended

on several titles to several and distinct offices,

1. 71. promise on which the action was founded made

jointly with another and not by defendant

alone. I. 17. Jurisdiction of the great sessions in Wales to tres

pass in B. R. I. 49. 68, :

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