ABATEMENT, (continued.) pleas in, of the manor court. I. 51. of the county palatine. I. 49. 69. of the mayor's court in London, (on a special cus- of the sessions of the Tower Hamlets to an indictment at the Middlesex sessions. I. 10. plea of, generally. 1. 78. Alien enemy, that plaintiff is such. I. 51. 42. a similar. I. 7. Variance, between the writ (original) and narr. I. 8. between the writ and the count in the addition, I. 9. between the writ and specialty. I. 69. the like after oyer. I. 70. between the writ and testament (in debt by exe eutor) I. 70. between the writ, (original) and specialty, I. 70. a similar after oyer. I. 70. between the plaint and declaration. I. 71. Addition, defendant has another than that by which he is sued. I. 3. 38. want of proper additions. I. 24. omission of. I. 54. Executors. (see “non-joinder” ante) that plaintiffs are not such. I. 14. 67. Administrators. that defendant is not executor, but administrator durante minoræ ætate. I. 14. that defendant is not executrix but administra trix. I. 15. 56. that plaintiff is administrator and not executor. ABATEMENT, (continued.) pleas in, the like with traverse of her being executrix. I. 57. that defendant is in custody of the sheriff and not of the marshal. I. S. that defendant is not an attorney as alleged. I. 6. no return on the writ. I. 7. no pledges found on the writ, (original) same precedent. another action depending for the same cause. I. 8. of the writ in dower; deceased husband a knight. I. 10. excommunication of plaintiff in the spiritual court. I. 14. plaintiff a popish recusant and has never taken the oaths. I. 29. the like stating the conviction of recusancy. I. 58. 61. writ of error pending in the exchequer. I. 35. a former suit in K. B. for the same cause of ac prior suit for same offence depending against another person. I. 59. same plea to debt qui tam. on stat. 15 Car. II. Defendants ne unques accouple in loyal matrimonie plaintiffs the like (see " Pleas in bar” post) affidavit of the truth thereof. III. 297. (see " Affidavit.”) infancy of defendant (sued as heir) I. 43. ABATEMENT, (continued.) pleas in, a similar and prayer that parol may demur. I. 43. 63. of plaintiff. I. 62. in replevin property in defendant. I. 48. no such person in being as the plaintiff when bill was exhibited. I. 50. death of one of the defendants puis darreign con. (to an information in the exchequer.) I. 15. of one of the defendants before suing out the writ. 1. 74. of plaintiff puis darreign continuance. I. 74. 66 lands held of ancient demesne (see “ jurisdiction” commorancy in another parish. I. 53. writ sued out before cause of action accrued. I. 65. for naming the defendant of a place in which is no vill. I. 72. misnaming the vill. I. 73. putting the wife's name before the husband's. I. 73. I. 73. I. 73. I. 73. omitting a word in the writ. plaintiff convicted of felony. I. 75. to an indictment. IV. 63. plaintiff's testator a bankrupt and never obtain ed his certificate. I. 77 ABATEMENT, (continued.) pleas in, plaintiff has nothing in the place in which, &c. I. 78. defendant a priest in holy orders. I. 78. Replications in, to privilege, that defendant is an attorney of K. B. I. 3. the same stating the suing out of the at tachment of privilege. to coverture, denying the fact. elopement from baron. I. 39. I. 6. I. 31. work done after elopement on feme's sole credit. Same precedent. to nonjoinder, promises made by defendant alone. I. 17. 33. others jointly with defendant, and not by 1. 27. defendant alone. similar replication to similar plea. I. 27. similar with traverse. I. 47. that defendant and his pretended partner are one and the same person. I. 60. to misnomer, nolle prosequi. I. 2. defendant known as well by one name as the other. I. 38. to the jurisdiction, that the cause of action did accrue within the jurisdiction. I. 60. to popish recusancy, denial and protestando. 1. 61. to death puis dareign continuance, denial and issue. 74. of one of the defendants, the like. to plea in abatement of an indictment. for not averring additions. I. 75. I. 24. same precedent, not setting forth defects of the writ, Ibid, & I. 26. for changing the venue improperly. I. 26. to replication, generally. 1. 62. 63. to plea in appeal of murder. I. 72. joinders, in demurrer to plea to an indictment. I. 24. quod cassetur billa, entry of. I. 6. discontinuance, (see title "discontinuance" post.) Affidavits of the truth of plea of misnomer. I. 2. coverture. I. 41. |