INDEX. ABATEMENT, privilege by an attorney of C. P. to an action in K. B., 455. by an attorney of K. B. sued by latitat, 460. the like sued by original, 461. coverture of the plaintiff, 462. of the defendant, 462.* non-joinder of another joint contractor, 463. the like to debt on bond, 464. misnomer of the defendant's christian name in the K. B., 464. the like in the Common Pleas, 465. of defendant's surname, 465. of plaintiff's surname, 466. another action depending for same cause in K. B., 466. to coverture denying the fact, 638. to non-joinder, that the contracts were made by defendant alone, 638. cassetur bílla vel breve, entry of, 639. ABSTRACT. declaration in assumpsit for not delivering of on sale of estate, 163. of locus in quo stated in a declaration, 434. new assignment, stating of, 703. ACCOMMODATION, [ing, 127. declaration in assumpsit by accommodation acceptor for not indemnify- ACCORD AND SATISFACTION, plea of in assumpsit or debt, delivery of a pipe of wine, 482. delivery of a bond, 482. account stated and delivery of a promissory note, 483. the like of a bill of exchange, 484. in covenant, 545. in case, 550. in trespass, 569. replications denial of the accord and satisfaction, 650. ACCOUNT, commencement of declaration in, 12. declaration in assumpsit for not rendering of, 161. assumpsit upon in general, 83. by and against surviving partners, 84 to 88. by and against executors, 95 to 103. ACT OF PARLIAMENT.-(See title "Statute.") the like where the matter of defence arose after action brought, 469. ADMINISTRATION, LETTERS OF.-(See title "Administrators.") in debt on bond, 206. in trover, 375. ADMINISTRATORS-(and see title "Executors.") assumpsit by, on promises to intestate, 103. on promises to plaintiff as administrator, 103, 104, &c. a surviving administrator, 105. an administrator de bonis non, with will annexed, 105. by husband and wife administratrix before marriage, 106. the like where she became administratrix after marriage, 106. against, on promises by intestate, 107. on promises by defendant as administrator, 107. a surviving administrator, 107. an administrator de bonis non, 108. husband and wife administratrix before marriage, 108. the like where she became administratrix after marriage, 109. debt by an administrator of obligee, 206. against do. 207. trover by, 375. ADMITTANCE TO COPYHOLD, pleaded, 279. AFFIDAVIT, to hold to bail in common cases and notes thereon, 5. of truth of plea of privilege, 459. of truth of plea of misnomer, 465. AGENT.-(See title "Attorney.") assumpsit by for commission, &c. 71, 2, 3. AGISTMENT OF CATTLE. assumpsit for, 55. horsemeat and stabling, &c. 54. AGISTMENT OF CATTLE-(continued.) eatage of grass, 43. corn, &c. sold, 52. AGREEMENT, declaration in assumpsit upon it, stating it formally, 152, 173. ALIEN ENEMY, pleas of, in assumpsit, 473. ANCIENT LIGHTS, declarations in case for obstructing of, 378, 380. ANNUITY, commencement of declaration in, 13. ANNUITY BONDS AND DEEDS, declarations in debt on annuity bond, stating condition and breach, 200. on annuity deed for arrears, 224. pleas, no memorial duly enrolled, &c. 522, 3. replication stating memorial, 667. APOTHECARY, declaration in assumpsit by, for attendance, medicine, &c. &c. 76, 7. of defendant stated in pleading, 639. APPRENTICE, covenant against the father of apprentice, for his neglect of duty, 282. APPROVEMENT, of common pleaded, 699. ARBITRAMENT-(See title "Awards.") plea of in bar, 484. ARREST, statement of, under a capias ad satisfaciendum, 192, 592, 3. under a latitat, or other mesne process, 212, 589. case against the sheriff for not arresting, having an opportunity, $51. ASSAULT & BATTERY.-(See title "Trespass," and "Analytical ASSENT, by an executor to a bequest pleaded, 281. [Table,") 417 to 424. ASSETS. (See title "Heir," "Executor," and "Devisee.") ASSIGNEE. (See title "Bankrupt.") of a bankrupt, form of declaration by an assignee in K. B. 32. do. in C. P. 32. do. by one partner and assignee of another, 32. assumpsit by, on promises to bankrupt, 90. on promises to the assignees, 92. by a surviving assignee, 93. by a solvent partner and the assignee of the other, 94, trover by, 372. of an insolvent debtor, 33. of a Scotch bankrupt, 33. of a lessee, covenant against, 244. estate by assignment stated, 253, 265. plea of, by lessee to debt on lease, 534. plea of, by assignee of lease before rent became due, 535. of interest in a patent, 367. ASSUMPSIT. præcipe in, 7. declarations in. (For particulars see Analytical Table and title “De- [claration," and respective heads.) forms of, 12, 17, 21, (and see Declaration.) common counts, I. respecting real property, 37 to 51. II. respecting personal property, 51 to 60. V. relating to character in which party sues or is sued, 84 to 110. on wagers, 114. on feigned issues, 116. on awards, 119. on contracts to pay money in consideration of forbearance, 121, 122. on contracts to pay money on exchange of horses, &c. 123. for not delivering a bill of exchange for goods sold, 124. for not paying goods to a third person, 125. for not indemnifying an accommodation acceptor, 127. for not employing a servant, &c. 131. for not performing works, &c. 132. against attorneys, &c. for neglect, &c. 134. for not accepting corn, &c. bought, 136. for not delivering goods, 138. on warranties, 139 to 142. against bailees (see title " Bailees") 142 to 161. against an agent, &c. for not accounting, 161. purchaser against vendor for not completing purchase, 163. vendor against purchaser, 167 to 176. landlord against tenant, &c. 176 to 183. Pleas in bar, in (see the respective titles and the Analytical Table.) general issue non assumpsit, 471. the like by an executor or administrator, 471. that contracts were made jointly with one of the plaintiffs, 471. coverture of defendant, 472. alien enemy plaintiff, 473. bankruptcy of defendant, 474, 5. insolvent debtors' act, 479. tender, 479. accord and satisfaction, 482 to 585. arbitrament, 484. judgment recovered, 486. |