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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...and stole it, whorewith he acquainted the plaintiff. And it was objected that the Rejoinder was a departure; for the Rejoinder did not show an accounting, but an excuse for not accounting. But the Court held that showing he was robbed of a sum of money, was giving an account of it, and that therefore there was no departure. Vere v. Smith, 2 Lev. 5; Vent. 121. Yet a plaintiff might always "new assign " in his Reply; in other words, though he might not set up a new claim, he might explain and define his original claim, a thing which it was often necessary to do in the days when declarations were worded in very general terms. Thus, in an action for repeated trespasses to a close of land, if the defendant pleaded that he had a right of way across that close, the plaintiff might reply that his action was brought, not in respect of the defendant's exercise of the right of way, but because he constantly wandered out of the line of way on to other parts of the close. Such a reply would not be a departure; for it merely points out the exact nature and extent of the plaintiffs original claim. Pratt v. G-roome, 15 East, 235. Oakley V. Davis, 16 East, S2. And see Breslauer v. Barwick, 2-1 W. R. 901; 36 L. T. 52. Uollett v. Dickinson, 26 W. R. 403. Where a Counterclaim is pleaded, the Reply to it is really a Defence. The plaintiff cannot join issue on a Counterclaim. "It shall not be sufficient for a plaintiff in his Reply to deny generally the facts alleged by the defendant in his Counterclaim; he must deal specifically with each allegation of fact of which he does not admit the truth, except damages." (Order XIX. r. 17; Benbow v. Low, 13 Ch. D. 553; 49 L. J. Ch. 259; Green v. Sevin, 13 Ch. D. p. 595; 41 L. T. 724.) He...

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... APPENDIX OF PRECEDENTS. CONTENTS. 1. "writ. 2. Appearance. I.--INDOESEMENTS ON WEIT. GENEEAL ENDORSEMENTS. 3. False imprisonment. 4. Fraud. 5. Libel. 6. Trespass. (Injunction.) 7. Trespass by a Man since dead. 8. Recovery of Land and Arrears of Rent. INDORSEMENTS FOR TRLAL WITHOUT PLEADINGS. (i) In Actions For Breach Of Contract. 9. Apprentice. 10. Breach of Promise of Marriage. 11. Goods of inferior Quality. 12. Money had and received. 13. Money paid by Deceased. 14. Non-delivery of Goods. 15. Non-repair. 16. Wrongful Dismissal. (ii) In Actions Of Tort. 17. Ancient Lights. 18. Copyright. 19. Detinue. 20. Executor suing under Lord Campbell's Act. 21. Malicious Prosecution. 22. Misrepresentation. 23. Negligence by a Solicitor. 24. Personal Injuries. 25. Seduction. 26. Slandor. (iii) In Actions For The Recovery Of Land. 27. Ejectment of Tenant for Non-payment of Rent. 28. Ejectment of Tenant for Non-repair. 29. Heir v. Trespasser. 30. Beversioner v. Persons claiming under a Tenant for Life. (iv) In The Chancery Division. 31. Priority of Mortgagees. 32. Specific Performance. INDORSEMENTS FOE AN ACCOUNT. 33. Claim by an Executor. 34. Claim against an Agent. 35. Mutual Dealings. SPECIAL INDORSEMENTS. 36. Bill of Exchange. 37. Goods sold and delivered. (Account statod.) 38. Guaranteo ante, pp. 125, 126). 39. Work and Labour done. 40. On a Trust. 41. Ejectment when Term has expired. 42. Ejectment when Tenancy at Will has been determined. 43. Ejectment when Tenancy determined by a Notice to Quit. II.--ORIGINATING SUMMONS. 44. General Form. III.--STATEMENTS OF CLAIM. (i) In Actions For Breach Of Contract. 45. Agent liable to Account. 46. Ditto. (Detinue.) 47. Action on a Bond. 48. Breach of Promise of Marriage. 49. Commission. 50....