As to deeds, records, &c. see ante, p. 495. Qu. 32-42. And see ante, p. 500. Qu. 19-25.

16. Is the replication aided by the rejoinder? 261; or by the verdict ; 262. See 240. 163; or by the statute of jeofails? See 2 Arch. Pr. C. P. 281.

17. Can the objectionable part be rejected as surplusage? 261. 18. Is the replication bad in part? 262.

*CHAPTER IV.

REJOINDER, ETC.

The questions in the last chapter are equally applicable to Rejoinders and the subsequent pleadings. It is unnecessary, therefore to repeat them.

*CHAPTER V.

PLEA TO THE JURISDICTION.

1. Is the matter pleaded sufficient in substance to shew that the court has no jurisdiction in this particular case? 277-280. If not: Demurrer; Error.

2. Is it pleaded by attorney, not being a plea of ancient demesne ? 280. Special demurrer; Demurrer, semb.

3. Does it shew that another court in England has exclusive jurisdiction of the cause of action? 280. If not: demurrer.

4. Is it pleaded without an affidavit to

ment as for want of a plea. 281.

verify it? 281. Sign judg

Or move to set aside the

PLEA IN ABATEMENT.

1. Is coverture pleaded by attorney? 300. The plaintiff may refuse

to receive the plea. Semb. 300.

2. Is the matter pleaded sufficient in substance to abate the writ, 284-299, or a good defence to the action? If not; Demurrer; Error.

3. Is the matter of the plea double? 301. Special demurrer. 4. Is it stated with sufficient certainty? 301. If not; Special de

murrer.

5. Is any part of it repugnant or insensible? 301. Special demurrer ; or demurrer, if the repugnant matter shew that there is no cause of abatement.

See ante, p. 498. Qu. 1. &c.

6. Does the plea shew that the plaintiff may have a better writ? 302. If not: Demurrer. See 4 T. R. 227.

7. Does the plea conclude in bar, instead of in abatement? 302304. Special demurrer, and plaintiff shall have final judgment.

302.

8. Is the conclusion insufficient in form? 303. Special demurrer. 9. Is the plea pleaded wi hout an affidavit to verify it? 304. Sign judgment as for want of a plea. 304. Or move to set aside the plea. id.

10. Does a replication to a plea in abatement conclude with a prayer of damages? 307. Special demurrer; demurrer. Semb. See ante, p. 501. Qu. 1—19.

CHAPTER VII.

PLEA PUIS DARREIN CONTINUANCE.

1. Is it pleaded without an affidavit to verify it? 317, 318. It shall not be received. 318. Or if received, the court upon application will set it aside. id.

2. Does it appear that the matter of the plea occurred since the last pleading or issuing of jury process? 318. If not: Special De

murrer.

If it be a plea in bar, see ante, ch. 2. p. 497, &c.
If a plea in abatement, see ante, ch. 6. p. 502.

1. Is the issue to be proved by the plaintiff or defendant? 324. 2. Can any part of the pleading put in issue be rejected as surplusage? 325, 326.

3. Is any and what part of it admitted? 351-362.

4. Can any and what part of it be presumed? 362-371.

5. Must the residue of the cause of action or matter of defence &c.

be proved as laid? 330-345.

6: Must the time stated be proved as laid? 327.

7. Must the place stated be proved as laid? 328-332.

8. Can any matter, not alleged in the pleading put in issue, be proved?

346-348.

9. Is the evidence admissible for the purpose for which it is produced?

351-476.

10. Is it the best evidence? 372.

11. If not the best, is it the next best? 372-382.

12. If secondary evidence merely, is it first proved that better evidence cannot be had? 378-381.

13. Are the witnesses competent, 452-476, and credible? 476-481.

INDEX.

A.

ABATEMENT into land, remedies for, 7.
Abatement of nuisance, in what cases, 10.

Abatement, Pleas in, 283-307. Order of pleading, to the jurisdiction, in
abatement, and in bar, 283; after pleading in bar, you cannot plead to
the jurisdiction or in abatement; or after pleading in abatement, you
cannot plead to the jurisdiction. &c. 283.

1. Pleas to the person of the plaintiff: 284; outlawry. 284; attainder, 294;
in what cases, 284, in what not, 285; aliennee, in what cases, 285; repli-
cation thereto, 285; that plaintiff is an infant, and has sued by attorney,
286; coverture, 286; excommunication might formerly be pleaded, 286,
but not now, 286; nonjoinder, in what cases, 287; misjoinder, 287; no
such person in rerum natura, 287; death of plaintiff, 238; misnomer
of plaintiff, might formerly have been pleaded, 288; but now it is mere
matter of amendment, 288.

2. Pleas to the person of defendant: 288; coverture, 288; nonjoinder, in
what cases, 289, and what the plea and affidavit shall state, 290, 70; re-
plication thereto, 290, new action, 290; mi-joinder, 290; death of a de-
fendant, 290; no such person in rerum natura, 291; misnomer of de-
fendant, might formerly have been pleaded, 291; but now it is mere mat.
ter of amendment, 291.

3. Pleas to the count: 291; for insufficiency of the count, 291; that the

count contains several and distinct causes of action, 291; mistake in the
form of action, 292; default of legal form, 292; variance between the
count and writ can no longer be pleaded, 291.

4. Pleas to the writ, for matter appearing on the face of it, 292, cannot now
be pleaded, 292.

5. Pleas to the writ, for matter dehors: 292: that the land lies in another
county, &c. 292; another action pending, 293; in what cases, 293; in
what cases not, 293; form of the plea, 294, 295; mistake of title, &c.
295; mistake of property, 295.

A

Abatement, pleas in, (continued.)

6. Pleas to the writ, for matter ex post facto: 296: death of plaintiff, 296 ;
death of defendant, 297; coverture of the plaintiff, 298; divorce of hus.
band and wife, plaintiffs, 299; deprivation, &c. of plaintiff, 299; in
what cases, 299: in what cases not, 299.

7. Form of pleas in abatement, 300. Commencement, 300. Statement, 300;
must be triable, 300; must answer the whole declaration, 300; must
not be double, 301; must be certain, 301; (what certainty requisite,
301) must not be repugnant, 301; must give the plaintiff a better writ,
in what cases, 302; in what cases not, 302. Conclusion, 302; neces
sity of great correctness in it, 302; form of it, 303; form, in plea of
aliennee, 304; or plea of death of party, 304. Affidavit to verify the
plea, 304; form of it, 304; what it shall state in the case of plea of
nonjoinder of defendants, 70, 290). Several pleas, in what cases, 304.
Pleas by several defendants, 305. Effect of a plea in abatement, 305;
in what case the writ may abate in part, 306; in what cases the plain-
tiff may either have a new action, 306, and see 290; or the writ by jour.
neys accounts, 306, (difference between them, 306.) Effect of a demurrer
to a plea in abatement, 315. Replication to plea in abatement, 306;
form of it, 306, 307; replication to a plea of nonjoinder of defendants,
70, 290.

Abatement, limitation of action after abatement by death, 33.

Account, action of, time limited for bringing it, 26. Parties to it, 67. Venue
in it, 78.

Account books, entries in, how proved, and in what cases evidence, 436, 437.
Acknowledgment, what, sufficient to take a case out of the statute of limita.
tions, 27-29, 30.

Acknowledgment of debt, not conclusive, as an admission, 354.

Acts of state, how proved, and in what cases evidence, 417.

Acts of state of a foreign government, how proved, 408.

Action, who may maintain, 1; against whom it may be maintained, 5; in
what cases a remedy for injuries, 6, &c.; time limited for bringing it,
21-34.

Action, another pending, plea of, in abatement, 293–295.

Action, after plea in abatement, 290, 306.

Action ex contractu, cause of action stated in declaration in, 84. Parties to
it, 49, 50. 66, 67.

Action ex delicto, cause of action stated in declaration in, 92, &c. Parties

to it, 51, 52. 67, 68.

Action ex quasi contractu, parties to it, 51. 67.

Action, local, 77, 78, 79. 104.

Action, real. See " Real Action."

Action, transitory, 78, 79.

Action, chose in, assignee of, in what cases he may sue, 46, 47.