The Practice of the Courts of Kings Bench And Common Pleas in Personal Actio

Cover The Practice of the Courts of Kings Bench And Common Pleas in Personal Actio
The Practice of the Courts of Kings Bench And Common Pleas in Personal Actio
William Tidd
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Com. Dig-, tit. Prerogative, * West, 213. Man. L. Ex. 603. D. 75. 85. And sec West, 213, 14. Man. ' Parker, 50. And see 3 Anstr. 753. Man. L. Ex. 600, 601, 2.
L. Ex. 603. I West, 214. («•) s Id. Ibid, and see Man. L. Ex. 603. (o. ) r Staundf. Prxrog. 65. A. Com. Dig. Tit.
11 Man. L. Ex. 603. Prerogative, D. 85.
IN CHIEF AND IN AID. 1127 ings being in his name; 3 or if his office be vacant, by the solicitor general. 1 When the replication or demurrer is filed, the defendant must rejoin within Jo
...ur, or join in demurrer within six days. " The rule to rejoin or join in demurrer, like the rule to plead, is entered on the back of the writ of extent. * After replication, the king by his prero- gative may waive it, and reply de novo, before issue joined, in the same or another term: 5 or he may waive his demurrer to the defend- ant's plea, and reply to issue. 2 So, if the defendant demur, the crown, instead of joining in demurrer, may traverse, or Confess and avoid, the inducement. " But the defendant is not allowed to change his *plea, or waive it and plead the general issue, without the [*112S] consent of the attorney general.

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