A Treatise on the Principles of Pleading, in Civil Actions |
Common terms and phrases
absque hoc admits adverse party affirmative alleged answer appears arrest assignment assumpsit averment Black Burr Carth cause of action certainty Chitt common law conclude confesses contract court covenant broken coverture Cowp debt declaration deed defects defendant pleads defendant's demurrer denial denies dilatory pleas Doug East Eliz evidence ex delicto fault fendant Gilb immaterial imparlance inducement issue in fact joinder joined judgment jurisdiction jury justification laid laration Litt material ment misjoinder mode necessary negative pregnant non est factum nonjoinder omission oyer particular plaintiff plea in abatement Pleader principle profert proved record repleader replication right of action rule Salk Saund seised special demurrer special plea statute Stra sufficient suit tendered Tidd tion transitory actions traverse trespass trover venue verdict whole Wils writ Yelv
Popular passages
Page 262 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated: but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants.
Page 262 - ... of such plaintiff; and if the defendant die after such interlocutory judgment and before final judgment therein obtained, the said action shall not abate, if such action might be originally prosecuted or maintained against the...
Page 426 - the general issue and also a special justification. In which " case it was resolved, that the admission contained in the " special plea, that the words charged were uttered by the " Defendant, was sufficient proof of that fact ; and that the " Plaintiff was consequently not bound to prove the uttering
Page 16 - For the purpose of explaining and illustrating this view of the subject, we may observe, that all pleading is essentially a logical process. And by analyzing a good declaration, or any good special pleading, if we take into view, with what is expressed, what is necessarily supposed or implied; we shall find in it the elements of a good syllogism: All good pleading being in substance a syllogistic process ; though abridged in form, like some of the syllogisms of the schools: So that not only every...
Page 423 - ... (by leave of the court here, for this purpose first had and obtained, according to the form of the statute in such case made and provided...
Page 497 - The rule is, if the declaration omits to allege any substantial fact which is essential to a right of action and which is not implied in or inferable from the findings of those which are alleged, a verdict for the plaintiff does not cure the defect.
Page 80 - I understand that when words are used, which will bear a natural sense, and also an artificial one, or one to be made out by argument or inference, the natural sense shall prevail : it is simply a rule of construction and not of addition : common intent cannot add to a sentence words which are omitted.
Page 472 - Support to those propositions is found everywhere; but it is equally well settled, that, if the plaintiff fails on demurrer in his first action from the omission of an essential allegation in his declaration which is fully supplied in the second suit, the judgment in the first suit is no bar to the second, although the respective actions were instituted to enforce the same right; for the reason that the merits of the cause, as disclosed in the second declaration, were not heard and decided in the...
Page 472 - That if judgment is rendered for the defendant on demurrer to the declaration, or to a material pleading in chief, the plaintiff can never after, maintain against the same defendant, or his privies, any similar or concurrent action for the same cause, upon the same grounds as were disclosed in the first declaration...
Page 430 - It is a general rule of the common law, that when a party declares on, or otherwise pleads, a deed (as a bond, covenant, &c,) and makes title under it (ie founds his demand or defence upon it), he must make a profert of it in his pleading, by averring that he ' bring here into court the said writing obligatory,