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ABATEMENT,

INDEX.

in respect to the parties to a suit, (see title Parties.)

by nonjoinder, or misjoinder, how to be objected to, 16, see Misjoinder
of plaintiff, in an action on a contract, 13, 452

in an action for a tort, 66

in an action by executors or administrators, or as-
signees, 20, 22

in an action by wife alone, 33, 449

of a defendant, in an action on a contract, 45

by death,

see in general, 703

plea and affidavit must show residence of omitted
party within jurisdiction of Court, 46, 452, 453,
716, 717

carrier cannot plead nonjoinder in abatement since
11 Geo. 4 and 1 Will. 4, c. 68, s. 5; 47
in an action for a tort, 86

of one of several plaintiffs or defendants pending the suit, 19, 448
in actions in form ex contractu,

surviving obligees, &c. to sue, 19, 448

death of her husband or wife, plaintiff, 31, 32
surviving obligor, &c. to be sued, 50
death of husband or wife, defendant, 58

in actions in form ex delicto

survivor to sue, 67, 448

death of husband or wife, plaintiff, 75

death of husband or wife, defendant, 92, 93

of a sole plaintiff pending the action, 448

rule of actio personalis moritur cum persona, 68, 89
altered by 3 & 4 W. 4, c. 52, sect. 2, 70, 715

ABATEMENT, PLEAS IN, (As to pleas to jurisdiction, see title Jurisdiction.)
general nature of, and difference between them and pleas in bar, 446, 457
what matter may be pleaded in abatement or in bar, ib.

division of,

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ABATEMENT, PLEAS IN-(continued.)

an infant suing by attorney, ib.
bankruptcy, 23, 448

coverture, (see title Coverture.) 449

of the defendant,

coverture, (see title Coverture,) 449
infancy, (see title Infancy,) ib."

Relating to the count, 450

variance between writ and count no longer pleadable, 431, 450

Relating to the writ or bill, 450

why so called, and their effect, ib.

to the form of the writ, now abolished, 451

variance or defect in writ not now pleadable, 431
matters pleadable, only the extrinsic or dehors, 451

want of venue, 279

mistake in addition, when not pleadable by a peer, 457

misnomer, (see title Misnomer,) abolished and substituted reme-
dy, 451, 452; see Appendix, 717

nonjoinder or misjoinder, when and how to be taken advantage
of, 452, 703, 716, 717

plaintiffs not married, ib.

one of plaintiffs fictitious or dead, ib.

another joint contractor, &c. not sued, 46, 452, 453, 716. 717
another executor or administrator not sued, ib. 51, 457

officer or attorney improperly sued, 453

to the action of the writ, ib.

action misconceived as to form, 453

action prematurely brought, ib.
another depending for same cause, 454
replication to it, ib.

Qualities of, &c. 454, 457

may be to the whole or part of the declaration, 458

may demur to part, and plead in bar or abatement to other part, ib.
but cannot plead in abatement and bar to same matter, ib.

one defendant may plead in abatement, another in bar, 459

in case of misjoinder, &c. it is now more usual to demur, ib.
when the plea should only be to a part of the declaration, ib.
prayer of the plea, ib.

certainty and accuracy required in framing pleas in abatement, 457
must give the plaintiff a better writ or bill, 446, 457

this is the criterion to distinguish it from a plea in bar, ib.
general requisites and form of, 454

as to conclusion, 454, 469

venue not necessary, 478

duplicity, what objectionable, 458, 532

cannot plead two outlawries, &c. 532

cannot plead in abatement and bar to the same matter, ib. 458
misnomer of christian and surname pleadable in one plea, ib.

Form and general requisites of, 454

title of the plea, 455

when may be with a special imparlance, 437,455

of what term, 455

consequences of mistake, 456

aided if replied to, ib.

present practice as to time, ib.

names of parties in the margin, ib.

commencement of the plea, ib.

accuracy required in statement of, ib. 462

ABATEMENT, PLEAS IN-(continued.)
defendant's appearance, 456
when it must be in person, ib.
when it may be by attorney, ib.
when by guardian, 457

the defence, whether full or half, 428, 429, 457

prayer of judgment at the beginning when proper, 460
consequence of wrong commencement, 460, 462

body of the plea,

accuracy and certainty requisite (see title Qualities,) 457

conclusion of the plea, 460

very material and great accuracy requisite, 460

[ment, ib.

consequence of a plea containing matter in bar concluding in abate-

of a plea concluding in bar, ib.

of a plea of priviledge of person, 460

of a plea to the disability of the person, 461

of a plea of coverture, ib.

of a plea of excommunication of other temporary disability, ib.

of a plea to the writ and declaration, 461

of a plea to the bill and declaration, ib.

when plea is confined to part only, 458, 459

AFFIDAVIT OFf truth,

when requisite at common law, 462

when required by statute, ib.

operation and extent of the statute, ib.

who to be made by, 463

at what time it may be made, ib.

form and requisites of it, ib.

consequence of omission of or defect in, ib.

Of Pleas of Nonjoinder in particular, 453, 467, 468 (see title Nonjoinder.)
REPLICATIONS, &c. to,

to a plea of misnomer, 463

may amend, ib.

or enter a cassetur billa or breve, ib.

to a plea of nonjoinder, if true, must proceed de novo, 464

must enter cassetur before commencement of fresh action, ib. 454

when the plaintiff should reply, ib.

when the plaintiff should demur, 465

when he may sign judgment, &c. 456, 463

when reply appearance as estoppel, 245, 464

form and requisites of,

commencement and conclusion of, 464
prayer of judgment, ib

ISSUE, verdict, and judgment on, ib.

Demurrers in case of (see title Demurrer.)

to a plea or replication,

form of demurrer to plea, 465, 664

may be general in all cases, 465

Joinder in demurrer, form of, ib.

Argument of, no objection on, to declaration, when, ib.

Judgment on, 466

Costs, &c., 466 to 468

Pleas of puis darrein continuance, (see that title), 657 to 661

ABSENCE OF DEFENDANT,

limitation of action when beyond seas, 716

ABOLITION OF HOLIDAYS,

enactment respecting, 723

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the meaning of, explained, and necessity for, 606, 610
ABUTTALS,

Reg. Gen. Hil. T. 4 W. 4, respecting statement of, 279, 395, 744
when must be stated, 260, 279, 376

statement of, in a declaration, when advisable, 595, and note (d)
new assignment, 595, 628, &c. 634, 637
plea to &c. 639

ACCEPTOR,

Forms of declaration against, by Reg. Gen. Hil. T. 4 W. 4, 724, &c.
ACCIDENT,

liability, in case of, 77, 78, 128 to 130

plea that release destroyed by, when bad, 541, note (b)

ACCOMMODATION ACCEPTOR,

when he must declare specially, 350, 351

ACCORD AND SATISFACTION,

Reg. Gen. Hil. T. 4 W 4, respecting, 740

simple contract merged by specialty, 105

plea of, must be pleaded specially, 478, 482, 485, 486, 490, 506

might formerly be given in evidence in assumpsit or debt on simple con-
tract under general issue, 578, 482

must be pleaded in an action on a specialty, 482, 485

when no plea in an action on a specialty, 485, note (c)
in an action on record, 585, 586

in covenant, 486, 487

must be pleaded in actions on the case, 490

must be pleaded in trespass, ib. 500, 506

replications to, in general, 582, 598, 616, 618

ACCOUNT,

in assumpsit, 582

in case, 590

in trespass, 598

assumpsit for not rendering, 101, 102

case lies for not rendering, 135

difficulty of investigating account, no objection to action of assumpsit on, 192
stated, assumpsit lies on, when, &c., 358

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