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§ 560. Jurisdiction-Allegations, effect of.-In Massachusetts, a plea to the jurisdiction should show that some other court in the same state has jurisdiction.494 A plea to the jurisdiction, on account of limited jurisdiction, is a plea in bar.495 A question as to the jurisdiction of the court cannot be raised under the general issue, but must be specially pleaded.496 But where the subject-matter is not within the jurisdiction of the court, the exception may be taken under the general issue.497 Although a plea in bar admits the jurisdiction, the district court has power, after such a plea has been put in, to permit the defendant to withdraw it, and plead in abatement a denial that the averments relied on to show jurisdiction were true. It is proper to give leave to amend, thus, where the defendant shows by affidavit that the averments as to jurisdiction were false and fraudulent.*98

FORMS OF DEFENSES IN ABATEMENT.

561. No jurisdiction of the subject or person.

[TITLE.]

Form No. 132.

The defendant, further answering, alleges that this court has no jurisdiction of said supposed cause of action set forth in the complaint (or, of the person of this defendant), for the reason that [here state the facts showing lack of jurisdiction of subjectmatter or person, fully and exactly].

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The defendant, further answering, alleges that this court has no jurisdiction of said supposed cause of action set forth in the

36 Pac. 1103; Potter v. Neal, 62 How. Pr. 158.

494 Lawrence v. Smith, 5 Mass. 362; Otis v. Wakeman, 1 Hill, 604; The King v. Johnson, 6 East, 583, 600.

495 Smith v. McLeod, 1 Cranch C. C. 43, Fed. Cas. No. 13073.

400 Eberly v. Moore, 24 How. 147, 16 L. Ed. 612; Teese v. Phelps, 1 McAll. 17, Fed. Cas. No. 13818; The Ab

by, 1 Mason, 360, Fed. Cas. No. 14. 497 Maissonaire v. Keating, 2 Gall. 325, Fed. Cas. No. 8978.

498 Eberly v. Moore, 24 How. 147, 16 L. Ed. 612. Pleas to the jurisdiction must be direct and certain, and set up the facts which go to show a want of it. Ritchie v. Carpenter, 2 Wash. 512, 26 Am. St. Rep. 877, 28 Pac. 380.

complaint [or, of the person of this defendant], for the reason that this defendant was at the commencement of this action, and is now, consul of the king of Italy for the city of . . ., duly accredited to the president of the United States, and by him received and acknowledged as such.

§ 563. That a court of the United States possesses exclusive jurisdiction,

[TITLE.]

Form No. 134.

I. That said county is within the . . . district, in which there is and was a circuit court of the United States, called a district court, holden for said . . . district.

II. That all suits or penalties and forfeitures incurred under the laws of the United States, to which the United States are parties, arising within said district, ought to be brought in said court and not elsewhere.

III. That said A. B., at the commencement of this suit, was and still is resident within said district and at ...

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The defendant answers to the complaint:

I. That on the . . . day of . . ., 19.., at .., he delivered to plaintiff the promissory note of B. C. for . . . dollars.

II. That the plaintiff accepted the same in full satisfaction and discharge of the claim [or demand] set up in the complaint.

§ 565. Alteration of contract, releasing guarantor.

[TITLE]

Form No. 136.

The defendant answers to the complaint:

I. That on the . . . day of . . ., 19.., at . . ., the plaintiff agreed with C. D. in the complaint mentioned, in consideration of ... dollars, to extend the time of payment of the rent guaranteed by the defendant. . . days.

II. That the defendant had no knowledge of the said extension, and did not then, nor has he since, assented thereto.

P. P. F. Vol. I-23

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The defendant answers to the complaint, and alleges:

That there was at the commencement of this action, and still is, another action pending in the . . . court of the [describe the court], between the same parties, and for the same cause of action as that in the complaint herein stated and alleged.

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The defendant answers to the complaint, and alleges:

I. That on the . . . day of . . ., 19.., the plaintiff and defendant [in writing] mutually submitted the demand set forth in the complaint to the arbitration of A. B. and C. D., and which said. submission has never been revoked.

19.., at .

II. That on the . . . day of . . the said A. B. and C. D. made and published their award [by which they declared the plaintiff not entitled to any part of said demand].

III. [A copy of said submission and of said award is hereto attached, marked "Exhibit A," and made part hereof.]

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the United

made and

I. That on the . . . day of . . ., 19.., at States district court, of the . . . district of . granted to the defendant a decree of discharge from his debts as a bankrupt, of which decree of discharge a copy is annexed [annex copy of decree] and made a part hereof.

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The defendant answers to the complaint:

I. That he admits that on the . . . day of . . ., 19.., he was indebted to the plaintiffs, as alleged in the complaint.

...

II. That afterwards on the . . . day of . . ., 19.., at . . ., the plaintiffs, by their deed under seal, agreed with the defendant

that they would accept . . . dollars, then and there paid them by the defendant, and by the plaintiffs then and there accepted and received in full satisfaction of said indebtedness; and divers other creditors of the defendant then and there also, by the same deed, agreed to accept, and did accept, the sum currently with the said plaintiffs, in full satisfaction of the several debts of defendant to such creditors respectively, and covenanted with the defendant not to sue the defendant for such respective debts; a copy of which deed is hereto annexed as a part hereof. [Insert copy.]

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The defendant answers to the complaint:
I. [State demand set up by plaintiff.]

II. That afterwards, on the . . . day of . .

19.., at ..

the defendant agreed to pay and the plaintiff agreed in writing to accept... dollars, in full satisfaction of said claim, as a compromise thereof.

III. That on the . . . day of . . ., 19.., at paid and the plaintiff so accepted said sum.

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the defendant

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I. That the goods mentioned therein were sold to him upon a credit of . . . months from the . . . day of . .

., 19..

II. That such period had not elapsed before the commencement of this action.

§ 572. Former judgment.

[TITLE.]

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Form No. 143.

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in an action then

The defendant answers to the complaint: That on the day of. 19.., at pending in the . . . court, between A. B., plaintiff, and C. D., defendant, and for the same cause of action as that set forth in the complaint herein, judgment was duly given and made. [Describe the judgment.]

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The defendant C. D. answers to the complaint:

That A. B., one of the defendants in this action, died at before this action, and on or about the . . . day of . . .

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I. That the [bond] mentioned therein was extorted from him by threats of personal violence, and was executed by him under fear of the same [or from fear while in prison, etc.; state force, etc.].

II. That the said [bond] was executed by him without any consideration therefor.

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The defendant answers to the complaint:

I. That the plaintiff induced him to make the note mentioned in the complaint by representing that he was authorized by one A. B., to whom the defendant owed the amount of the same, to take a note to himself in satisfaction of such debt [or otherwise state the fraudulent misrepresentations, etc.]

II. That the said representations were false.

III. That the defendant received no consideration for the said note.

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The defendant answers to the complaint:

That the plaintiff is not of the age of twenty-one years [if a female, eighteen years]; or that at the commencement of this action the plaintiff was not the age of [twenty-one] years, and has no guardian appointed herein.

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