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Art. 13. In what cases money may be brought in, and notes.

14. The manner of pleading a tender and bringing money into

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2. Property in the plt. necessary to support replevin.

3. Massachusetts statutes.

4. Several cases decided on these statutes.

5. De proprietate probanda.

6. The plegii de prosequendo et de retorno habendo.

7. Pleadings in replevin, generally.

8. The declaration.

9. Pleas in abatement and cepit in alio loco.

10. Pleas in bar, the four kinds.

11. Justification by defendants.

12. Avowry.

13. Causes of avowry.

CHAPTER CLXXII.

ACTION OF TRESPASS.

Act. 1. General principles.

2. Trespass ab initio.

3. Further English cases in which trespass lies.
4. American cases in trespass not printed.

5. Massachusetts statutes as to trespass.

6. American cases published.

7. Who may have trespass and against whom it lies.

8. Trespass, assault and battery.

9. False imprisonment, remedy, habeas corpus.

CHAPTER CLXXIII.

PLEADINGS IN TRESPASS.

Art. 1. Declarations.

2. Deft's. pleas in bar in trespass.

3. Deft. may plead that he tendered amends in quare clausum fregit.

4. Pleading the general bar and new assignment.

5. The general issue is, not guilty.

6. Pleas in bar merely, as accord and satisfaction, release, &c.

7. Justification in trespass.

Art. 8. Justifications by lessees, &c. 9. Son assault demesne.

10. Justification, damage feasant. 11. Other justifications, and notes. 12. Custom, prescription pleaded. 13. Several cases.

CHAPTER CLXXIV.

GENERAL PLEADINGS, RULES, AND CASES.

CHAPTER CLXXV.

PLEADINGS, RULES, AND CASES IN DECLARATIONS.

Art. 1. Declarations and parties.

2. Joinder in action, rules and cases.

3. Contract or deceit.

4. Joint-tenants join, &c.

5. Partners and joint contractors, &c.

6. Venue and actions local or transitory.

7. Service of the writ, &c.

8. Forms of the summons, writ, &c.

9. Endorsement of writs.

10. Return of writs, &c.

11. The plt's. entry of his action and discontinuance of it.

12. Nonsuit and nolle prosequi.

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2. Divisions in pleas in abatement.

3 Pleas in abatement to the jurisdiction of the court and notes.

4. Plt's. disability.

5. Defts. improperly sued.

6. Misnomer.

7. Death of the deft., coverture, infancy, privilege.

8. Exceptions to the declaration.

9. Exceptions to the writ, defects in it in abatement. 10. Action of the writ.

Art. 11. Another action pending, &c. in abatement.

12. Several matters in abatement, also non tenure and disclaimer, &c.

CHAPTER CLXXVII.

CERTAIN PLEADINGS OYER AND AID PRAYER, PAROL DEMURRER, COGNISANCE, TENDER, &C. PROTESTANDOES, ESTOPPELS, AVERMENTS, &c. GIVING COLOUR, NOTICE AND REQUEST, PLEAS SINCE THE LAST CONTINUANCE.

Art. 1. Oyer of deeds.

2. Voucher.

3. Aid prayer.

4. Parol demurrer.

5. Cognisance claimed.

6. Tender and bringing money into court.

7. Protestandoes.

8. Estoppels, further cases.

9. Averments, &c.

10. Giving colour.

11. Notice and request.

12. Pleas since the last continuance.

CHAPTER CLXXVIII.

PLEADINGS, PLEAS IN BAR.

Art. 1. General principles.

2. Issue how formed.

3. Immaterial issues.

4. Informal issues.

5. As to pleas amounting to the general issue.
6. Where special matter may be pleaded.
7. Pleas proper to each kind of action.

8. Proper plea in account.

9. Auditá querela, proper pleas in. 10. Case of torts, proper pleas in. 11. In covenant, proper pleas in. 12. In debts, proper pleas in.

13. In dower, proper pleas in.

14. Ejectment, proper pleas in.

15. Land actions, proper pleas in, operative words in declarations

in land actions.

16. Pleas to meet these points.

17. Matters of justification must be pleaded, and notes.

Art. 18. Cui in vita; dum fuit non compos mentis, dum fuit infra ætatem.

19. Advancement specially pleaded in bar.

20. Pleadings in inquests of office or information of intrusion. 31. Title and seisin how pleaded.

22. Pleas of former judgment in bar.

23. Several other cases of pleas in bar, &c. in real or land ac-
tions.

24. Special pleas in bar, &c. giving colour in these actions.
25. Statutes of limitations in real actions and cases in equity.
26. Pleas proper in replevin, reference, &c.

27. Pleas proper in reviews, reference, &c.

28. Pleas proper in scire facias, reference, &c.

29. Pleas proper in trespass vi et armis, reference, &c.

30. Pleas proper in trover, reference, &c.

31. Pleas proper in waste, reference, &c.

32. Pleas proper as to voucher, ways, &c. reference, &c.

33. Several points further in land actions, especially notice to quit.

CHAPTER CLXXIX.

GENERAL PLEAS IN BAR.

Art. 1. General principles.

2. Acceptance of something in satisfaction.
3. Acquittance.

4. Accord and satisfaction, and notes.

5. Award.

6. Coverture in bar.

7. Duress.

8. Infancy.

9. Judgments in former actions.

10. Never bailiff; never executors or administrators.

11. Non damnificatus and saved harmless.

12. Plea non est factum.

13. Not guilty, and nul tiel record.

14. Payment or performance.

15. Fully administered.

16. A release pleaded.

17. Saved harmless.

18. Usury.

19. The statutes of limitations.

20. Special matters of excuse or justification.

CHAPTER CLXXX.

PLEADINGS, REPLICATIONS, DUPLICITY, PLEADINGS DOUBLE, DEPARTURE, REPUG-
NANT PLEAS, ARGUMENTATIVE PLEAS, NEGATIVE PREGNANT, SURPLUSAGE, SUB-
STANCE, FORM, TRAVERSE, PROFERTS, SHAM PLEAS, PLEADING TO AVOID PRO-
LIXITY, MATTERS PLEADED ACCORDING TO THEIR OPERATION IN LAW.
Art. 1. Replications.

2. Duplicity.

3. Pleading double by leave of court.

4. Departure.

5. Repugnant pleas.

6. Argumentative pleas.

7. Negative pregnant.

8. Surplusage.

9. Substance, form.

10. Traverse.

11. Proferts.

12. Sham pleas.

13. Pleading to avoid prolixity.

14. Matters pleaded according to their operation in law.

CHAPTER CLXXXI.

PLEADINGS. DEMURRERS, RULES, &c.

Art. 1. General principles.

2. Rules in demurring illustrated by cases.
8. Conclusions of demurrers in sundry cases.
4. Causes of demurrers; many cases.

5. What is confessed or not by demurrers.

CHAPTER CLXXXII.

PLEADINGS. TRIALS.

Art. 1. Trials of several kinds.

2. By constitutions, &c.

3. Statutes as to jurors.

4. Some special principles as to jurors and trials.

5. Trials of five kinds described.

6. Verdicts.

7. Cases as to juries in Connecticut, &c.

CHAPTER CLXXXIII.

NEW TRIALS AND REPLEADER.

Art. 1. General principles.

2. Repleader.

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