DEGREE. tleman." MIS NOMER OF DEGREE. PLEA. And the faid D. comes, &c. when, &c. and prays Plea. "No gen- judgment of the writ aforefaid, because he fays that the Plaintiff on the day of the purchase of said writ, was not a gentleman, as by the faid writ above is fuppofed; and this he is ready to verify: Wherefore he prays judgment of faid writ, and that the fame may be quashed, &c. fion of the next plea. Plea. "Not a gen PLEA. NOTE. See conclu conclufion of the plea does not ap pear. Battersby v. Marsh. 6 Mod. 80. And the faid D. comes and craves oyer of the tleman," where aforefaid writs of fcire facias, fued out against him, and they Plaintiff fued by title of gentleman are read to him, &c. ; which being read and heard, the faid and yeoman. D. prays judgment of the writs aforefaid, because he says that the Plaintiff, on the day of fueing out faid writs of scire (a) Baronet in the facias, was not a (a) gentleman, as by the writs aforefaid is original, above fuppofed; and this he is ready to verify: Wherefore (2) Knight and inafmuch as the Plaintiff, by the faid writs is called (b) yeo baronet. man and gentleman, the faid D. prays judgment of the writs aforefaid, &c. 3 Inf. Cl. 93. Reg. Pl. 287. 1 Went. 46. no names of dignity, yet if Plaintiff or defendant name himself of two degrees or two mysteries, that if either does not belong to him, it MISNOMER OF falls within the principle of this cafe. DEGREE. « A gen where Plea. PLEA. And the faid D. comes and defends, &c. when, &c. and fays that the Plaintiff is, and on the day of the purchase of this writ was a. (a) gentleman; and this he is ready to verify: (b) Wherefore because the Plaintiff is not named a gentleman in the faid writ, the faid D. prays judgment of (6) Not in original. Reg. Pl. 288. 3 Inf. Cl. 93. the writ aforefaid, &c. (a) Knight in original. MISNOMER OF PLACE. PLEA. And the faid D. comes, &c. when, &c. and prays judgment of the faid writ, because he fays that the Plaintiff MISNOMER OF Plea. Plaintiff of is, and long before, and at the time of the purchase of faid A. not of B. ABATEMENT. TO THE DEFendant. COVERTURE. PLEA. And the (c) faid D. (d) by A. B. her attorney, comes and defends, &c. when, &c. and prays judgment of the writ aforefaid, becaufe fhe fays, that fhe on the day of the purchase of faid writ of the Plaintiff, was covert of one C. F. (e) her husband, (ƒ) to wit, at, &c.; and this she is ready to verify: Wherefore because the faid C. F. is not named in the writ aforefaid, fhe prays judgment of faid writ, &c. ()" Then and yet," (if so.) Lilly 1. (ƒ) " And living," (if fo.) Lilly Ent. I, but thefe do not feem material to be added. REPLICATION, COVERTURE, Plea. Coverture in Defendant. . COVERTURE. Covert. REPLICATION. And the faid Plaintiff fays, that his wri Replication. Not aforefaid ought not to be quafhed, because he fays that th faid D. on the day of the purchase of his faid writ, to wit on, &c. was not covert (a) of the said C. F. her husband, as the faid D. hath above alleged; and this he prays may be inquired of by the country. 3 Inf. Cl. 71. Reg. Pl. 290. (a) REPLICATION. And the Plaintiff fays, that (b) his writ aforefaid ought not to be quashed, because he fays that the faid D. on the day of the purchase of his said writ, to wit, on, &c. at, &c. was fole; without that the faid D. on the day of the purchase of his faid writ (c) was covert of the faid C. F. her husband, as the faid D. hath above alleged ; and this he is ready to verify: Wherefore inafmuch as the faid D. the trefpafs and ejectment aforefaid, above hath acknowledged, he prays judgment and poffeffion of his term. aforefaid, with damages, &c. to be adjudged to him, &c. NOTE. If the writ be for debt, this conclufion fhould be, " prays judgment and his debt aforefaid, together with his damages, by reafon of the de tention of that debt, to be adjudged to him, &c. Lilly. En. 1. See I Mod. En. 9. 1 Lord Ray. 355. REJOINDER. And the faid D. as before, fays, that she on the day of the purchase of the said writ of the Plaintiff, was covert of the faid C. F. her husband (d) as she hath above alleged: And of this fhe puts herself upon the country. 3 Inf. Cl. 72. NOTE. It feems the replication to the country, or with a verification, is good by the precedents. I Went. 6. Inf. Cl. 71. Cl. Aff. 15. Morg 18. Reg. Pl. 290. to the country. Lil ly En. I. 1 Mod. En. 9. with a verification. So 3 Inf. Cl. 72. 2 R. P. C. P. 157. Ruled good either way on demurrer to replication to the country. Vefey v. Smith. 12 Mod. 503. PLEA. And C. D. against whom the Plaintiff hath Defendant fued by brought this action by the name of C. F. comes and defends, Plea Coverture by wrong name. &c. and prays judgment of the faid writ, because the fays, NOTES NOTES ON THE PLEA OF COVERTURE OF DEFENDANT. Coverture whether in Plaintiff or Defendant, muft be pleaded in abatement, and cannot be in bar. Lut. 23. Milner v. Milnes. 3 T. R. 627. But this refers only to pleas where Defendant is liable with her husband. For coverture may be given in evidence on non eft factum to a bond given after marriage, A feme covert may be fued alone where her husband hath abjured the realm, is banished, or transported. Co. So if he 1 Salk. Litt. 132. 133. a. be an alien enemy. 116. or transported. Sparrow v. Carrathers. 2 Bl. Rep. 1197. But not where fhe has a feparate maintenance. Marshall v. Rutton. 8 T. R. 545. And feme covert is liable on her own contraits after marriage, where the acts as feme fole, and husband is a foreigner and does not refide in the realm, nor is likely to return. Walford y. De Pi enne. ■ Efp. N. P. C. 554. Franks v. Ib. ib. 587. De So in an action against hufband and wife, they may plead a divorce; but if they plead A. and B. his wife, it is And quere, if feme covert tan plead by attorney; and Gaillon v. L'Aigle 1 Bof, 357. But not where hufband is a native, though he refide out of the realm. Marsh v. Hutchinfon. 2 Bof. 226. But though Defendant has committed adultery, or elopes and lives feparately from her husband, yet she is not liable on her own contracts, nor is the husband. Gilchrift v. Brown. 4 T. R. 766. Clayton y. Adams. 6T. R. Norton v. Faran. 1 Bof. 226. See more of thefe cafes afterwards in Pleas in Bar. See 1 Comy. Dig. Abate. F. 2. Baron. and Feme. Q. Pleader. 2. A. 1. bad, for it admits them hufband and wife, Cro. Eliz. 352. COVERTURE. How pleaded. if she should not in proper Whether by attorperfon; for it is faid Foxwift ney. v. Tremaine. 2. Saund. 213. In Lilly ted by the Court. in the cafe. Same law. Read v. Jewfon. 4 T. R. 362. cited by Buller. And quere alfo, if a feme covert be sued, as a fingle woman and with the addition of fuch, whether it be not bad to fay "the faid D"; for it would feem to be within the principle of Roberts v. Moon. 5 T. R. 487. But all the precedents which I have seen, are "the faid D." INFANCY. Plea. Infancy and parol may demur. (b) "To profe cute," would in fuch cafe be bad. 2 Cro. 641 "Ad fequendum," would be good. 2 Saund. 95. 1 Sid. 446. How pleaded. PLEA. INFANCY. And the faid D. by A. B. his guardian, by the Court here duly admitted (b) to defend for the faid D. who is under age, of twenty-one years, comes, &c. when, &c. and faith that he is under the age of twenty-one years, to wit, of the age of fifteen years and no more; and this he is ready to verify: Wherefore he doth not intend that during his minority he ought to answer the Plaintiff of the faid debt as aforefaid, and prayeth therefore that the faid plea may remain till the full age of him the faid D. I Went. 58. NOTES ON THE PLEA OF INFANCY OF DEFENDANT. able in bar to his own contracts, on which he is liable only for neceffaries. R. Jones. 146. Infancy of Defendant, when an action lies against him, is only in abatement, that he may have his age; but it is plead Infant fhould always defend by guardian. Dyer. 104. b. and if he defends by prochein ami, or appears by attorney, it is bad. 2 Cro. 641. Co. Litt. 135. b. 8 Co. 58. b. Cro. Eliz. 569. 2 Cro. 254. Jones 432. And So |