OF PLEADING AND EVIDENCE IN CIVIL ACTIONS, ARRANGED ALPHABETICALLY: WITH PRACTICAL FORMS: AND THE PLEADING AND EVIDENCE TO SUPPORT THEM. BY JOHN SIMCOE SAUNDERS, ESQ. BARRISTER AT LAW. FOURTH AMERICAN EDITION, WITH CONSIDERABLE ADDITIONS. BY A MEMBER OF THE PHILADELPHIA BAR. VOLUME II. PHILADELPHIA: ROBERT H. SMALL, LAW BOOKSELLER, MINOR STREET. 1844. Ransford Smith. L10206 Entered according to Act of Congress, in the year 1844, By ROBERT H. SMALL, In the Clerk's Office of the District Court for the Eastern District of Pennsylvania. PHILADELPHIA: PRINTED BY WILLELAM SMARTIN. TRESPASS is the only remedy for an illegal imprisonment, when not done under colour of legal process: 11 Mod. 180. It is the form of remedy, also, when the imprisonment was in the first instance legal, but the deft., by an excess of authority, or violence, becomes a trespasser ab initio: Co. D. Trespass, C. 2. It lies for the wrongful imprisonment after the process is determined, Cro. J. 379. If the imprisonment took place under colour of a legal proceeding, the plt.'s only remedy is by action on the case, for the malice, if, indeed, there was malice: see post," Malicious Arrest;" and see, further, as to the form of remedy for an injury done under colour of process, post, "Trespass." Form of Pleadings. Declaration.] The venue in this action, as in other personal actions, is transitory, and may be laid in any country; if the imprisonment happened abroad, the place where it occurred should be laid, with a videlicet, thus: "at Fort St. George, in the East Indies, to wit," "at Westminster, in the county of Middlesex :" Mostyn v. Fabrigus, 1 Cowp. 161. As to the venue, in actions against justices of the peace, and constables, &c., see "Justice of the Peace," " Officer." The other points as to the declaration will be found, post, "Trespass;" ante, 94, "Assault and Battery." Plea.] The rules as to pleas in general will here prevail: post, "Plea," "Trespass." The general issue is, not guilty. Matter in justification of the imprisonment must be pleaded specially, showing that the imprison |