A Quiz Compend of the Principles of Common Law Pleading : Based Upon Stephen On Pleading
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To the form of the writ on account of matter apparent on its face.
6. To the form of the writ on account of matter de hors the writ QUIZ COMPEND OF COMMON LAW PLEADING. 17 7. To the writ on account of the action thereof.
8. By way of traverse or confession and avoidance; i. e., in bar.
Extraordinary Plea.
Plea puis darreign continuance.
If, after a continuance is granted, the defendant dis- covers some new matter of defense which has happened since the granting of the continuance, he may, at th...e end of the continuance, plead this matter by substituting a new plea for the pre- vious one.
Pleas are always founded on matters collateral.
Replication or second pleading of the plaintiff.
May contain — 1. A traverse of any new matter set forth in defendant's plea.
2. A confession and avoidance of any new matter set forth in defendant's plea.
3. New assignment — if, by reason of the declaration being in very general terms, the defendant is not sufllciently guided as to the real cause of com- plaint and is therefore led to plead to a differ- ent matter than that the plaintiff had in view, the plaintiff may re-assign in his replication, by particularly setting forth the exact cause of ac- tion, for the purpose of forcing the defendant to plead to it.
What to read after A Quiz Compend of the Principles of Common Law Pleading : Based Upon Stephen On Pleading?
You can find similar books in the "Read Also" column, or choose other free books by Groom, Charles Andrew, 1876- to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
To the form of the writ on account of matter apparent on its face.
6. To the form of the writ on account of matter de hors the writ QUIZ COMPEND OF COMMON LAW PLEADING. 17 7. To the writ on account of the action thereof.
8. By way of traverse or confession and avoidance; i. e., in bar.
Extraordinary Plea.
Plea puis darreign continuance.
If, after a continuance is granted, the defendant dis- covers some new matter of defense which has happened since the granting of the continuance, he may, at th...e end of the continuance, plead this matter by substituting a new plea for the pre- vious one.
Pleas are always founded on matters collateral.
Replication or second pleading of the plaintiff.
May contain — 1. A traverse of any new matter set forth in defendant's plea.
2. A confession and avoidance of any new matter set forth in defendant's plea.
3. New assignment — if, by reason of the declaration being in very general terms, the defendant is not sufllciently guided as to the real cause of com- plaint and is therefore led to plead to a differ- ent matter than that the plaintiff had in view, the plaintiff may re-assign in his replication, by particularly setting forth the exact cause of ac- tion, for the purpose of forcing the defendant to plead to it.
What to read after A Quiz Compend of the Principles of Common Law Pleading : Based Upon Stephen On Pleading?
You can find similar books in the "Read Also" column, or choose other free books by Groom, Charles Andrew, 1876- to read onlineMoreLess
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