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 in an action for a tort, 66 in an action by executors or administrators, or as- 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 carrier cannot plead nonjoinder in abatement since of one of several plaintiffs or defendants pending the suit, 19, 448 surviving obligees, &c. to sue, 19, 448 death of her husband or wife, plaintiff, 31, 32 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 ABATEMENT, PLEAS IN, (As to pleas to jurisdiction, see title Jurisdiction.) division of, ABATEMENT, PLEAS IN-(continued.) an infant suing by attorney, ib. coverture, (see title Coverture.) 449 of the defendant, coverture, (see title Coverture,) 449 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 want of venue, 279 mistake in addition, when not pleadable by a peer, 457 misnomer, (see title Misnomer,) abolished and substituted reme- nonjoinder or misjoinder, when and how to be taken advantage plaintiffs not married, ib. one of plaintiffs fictitious or dead, ib. another joint contractor, &c. not sued, 46, 452, 453, 716. 717 officer or attorney improperly sued, 453 to the action of the writ, ib. action misconceived as to form, 453 action prematurely brought, 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. one defendant may plead in abatement, another in bar, 459 in case of misjoinder, &c. it is now more usual to demur, ib. certainty and accuracy required in framing pleas in abatement, 457 this is the criterion to distinguish it from a plea in bar, ib. 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 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.) the defence, whether full or half, 428, 429, 457 prayer of judgment at the beginning when proper, 460 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.) 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 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 the meaning of, explained, and necessity for, 606, 610 Reg. Gen. Hil. T. 4 W. 4, respecting statement of, 279, 395, 744 statement of, in a declaration, when advisable, 595, and note (d) ACCEPTOR, Forms of declaration against, by Reg. Gen. Hil. T. 4 W. 4, 724, &c. 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- must be pleaded in an action on a specialty, 482, 485 when no plea in an action on a specialty, 485, note (c) 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 |