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ASSUMPSIT—(continued)

II. SPECIAL COUNTS—(continued)

On Life Policies,

on policy on life of third person, against Atlas Company, 211.

For General Average,

at suit of owner of ship against owner of goods, loss occasioned by an-
chor being cut away, 216.

average loss, anchor cut away, and sails blown away, 219.
average loss, where ship bilged in port by weight of cargo, 220.

On Charter Parties, (see title Charter Party.)

On Wagers, (see title Wagers.)

On Feigued Issues, (see title Feigned Issue.)

On Parol Awards, 241, (see title Award.)

On Foreign Judgments, 243, (see title Judgment.)

For Legacies, 245, (see title Legacy.)

For Contributions to Party Walls, 247, (see title Party Walls.)

To pay Money for Forbearance to Defendant, 251, (see title Forbearance.) -
To pay Money for Forbearance to Third Person, 251, (see title Forbearance.)
To pay Money in Consideration of Marriage, 254, (see title Marriage.)

To pay Money, &c. for Services and Works, 256, (see (title Work and Labour.)
Relating to Contracts of Sale of Goods, &c. 261, (see title Sale.)

Relating to Contracts of Exchange, 274, (see title Exchange.)

Relating to Contracts of Loan, 275, (see title Loan.)

On Warranties, 279, (see title Warranty.)

Relating to the Use, Sale, &c. of Lands, &c. 287, (see titles Landlord and Te-
nant. Sale. Vendor and Purchaser.)

On Guarantees, 314, (see title Guarantee.)

On Promises to indemnify, 316, (see title Indemnity.)

On Promises to marry, (see title Marriage.)

To serve and employ, 324, (see title Work and Labour.)

To perform Works, 330, (see title Works and Workmen.)

Against Bailees in general, 384, (see title Bailees.)

Against Agents, Factors, &c. 342, (see titles Agent. Auctioneer.)
Against Wharfingers, 352, (see title Wharfingers.)

Against Farriers, 355, (see title Farrier.)

Against Carriers by Land, 356, (see title Carriers.)

Against Carriers by Water, 365, (see title Carriers.)
Against Attornies, 371, (see title Attorney.)

PLEAS IN BAR,

general issue non assumpsit, 908.

the like by one of several defendants, ib.

the like by an executor or administrator, ib.

plea that contracts were made by defendants jointly, &c. 908 a.

to a declaration on a guarantee, that the person for whom defendant be-
came guarantee was a feme covert, 909.

ASSUMPSIT―(continued)

PLEAS IN BAR-(continued)

plea confessing causes of action in certain counts, and certain damage
thereby sustained, and general issue to residue, 909.

statute of frauds on a declaration to a guarantee, ib.

to action by indorsee against drawer of a bill, that bill was given to secure
performance of an usurious contract between acceptor and third person,
infancy of defendant, 909 b.

coverture of defendant, 909 c.

plaintiff an alien enemy resident here, 910.

plaintiff an alien enemy resident abroad, 911.

bankruptcy and certificate of defendant, under 6 Geo. 4. c. 16. ib.

[909 a.

the like where certificate was obtained after commencement of suit, 913.
bankruptcy under 6 Geo. 4. c. 16. s. 52.-916.

the like, plaintiff's election to come in under commission, 917.

bankruptcy of plaintiff, 918.

insolvent debtors' act, 919.

plaintiff's discharge under insolvent act, 7 Geo. 4. c. 57.-921.

non assumpsit except to the sum tendered, and plea of tender, 922.

plea of set-off to the sum not tendered, 923.

accord and satisfaction by delivery of a pipe of wine, 924.

the like of a bond given in satisfaction, 925.

account stated, and delivery of defendant's promissory note, 926.

that defendant accepted a bill of exchange payable to a third person, 926a.
arbitrament and award, 927.

judgment recovered in K. B., C. P. or Exchequer, 929.

judgment of retraxit in former action, 930.

release, ib.

that plaintiff signed a composition deed for the debt, 931.
set-off, 931 to 939.

plea of set-off, 931.

general issue and notice of set-off, 932.

plea of set-off to action by executors or administrators, 933.
notice of set-off in action by executors or administrators, 933 a.
plea of set-off in action against executors or administrators, 933 b.
notice of set-off in action against executors or administrators, ib.
plea of set-off in action by assignees of bankrupt, 933 c.
notice of set-off in action by assignees of bankrupt, 933 d.
subject-matter of set-off,

on a judgment, 934.

on a recognizance in another court, and on simple contract, 935.
for rent due on a lease, 936.

on a bond, 936 a.

on a bill accepted by plaintiff, 937.

on a bill indorsed by plaintiff to defendant, ib.

on a promissory note made by plaintiff, 938.

on a promissory note indorsed by the plaintiff to defendant, ib.
use and occupation, ib.

work and labour and materials, 939.

goods sold, ib.

money counts, interest, and account stated, ib.

plea to action for goods sold, that they were sold by plaintiff's
factor as a principal, plaintiff being unknown to defendant, and
that at the time of the contract the defendant had a set-off against
the factor, ib.

Westminster Court of Conscience Act, 939 a.

ASSUMPSIT-(continued)

PLEAS IN BAR-(continued)

statute of limitations,

non assumpsit infra sex annos, 940.

actio non accrevit infra sex annos, 941.

by and against executors, &c.

general issue, that neither defendant nor testator promised, 941.
defendant ne unques executor, ib.

defendant ne unques administrator, 942.

plaintiff ne unques administrator, after craving oyer of letters of admi-
nistration, ib.

plaintiff ne unques administrator, as to causes of action contained in de-
claration, ib.

that defendant and plaintiff were both executors, ib.

that promise was made to plaintiff and defendant, who were both executors,

943.

plea to an action against an executor, that there were other contracting
parties besides the testator, who survived the testator, ib.

plene administravit, ib.

plene administravit by executor of an executor, 944.

plene administravit præter, 945.

plea of retainer by an executor, 946.

retainer by an executor on a bond, ib.

the like on a simple contract debt, ib.

judgment against testator, outstanding bonds, and judgments against de-
fendant, 947.

REPLICATIONS IN,

to plea of usury to an action on a bill of exchange, that bill was indorsed
to plaintiff without knowledge of usury, and for value, &c. 1146.
denial of the infancy, 1146 a.

to plea of infancy, that meat, &c. were necessaries, and nol. pros. to re-
sidue, ib.

ratification after defendant came of age, 1147.

the like in another form, 1148.

to plea of alien enemy that plaintiff resides here, ib.

to bankruptcy, that defendant promised after his bankruptcy, ib.

to plea under bankruptcy, that plaintiff elected to come in under commis-
sion, denial of such election, ib.

to plea of insolvency, denying defendant's discharge, 1119.

to plea of insolvency admitting plea, 1150.

the like, that defendant promised after discharge, ib.

the like, that debt contracted after discharge, ib.

to pleas of tender, 1151.

denial of tender, ib.

nil debet to plea of set-off, ib.

a writ issued out of K. B., C. P. or Exchequer, before tender, 1152,

a writ with continuances, 1153.

a prior demand of the debt, 1154.

a subsequent demand, 1155.

similiter, admission of tender, and award of venire, 1156.

to plea of accord and satisfaction, denial of delivery of bond, &c. ib.

to plea of delivery of a bill of exchange accepted by defendant in pay-
ment, stating presentment and dishonor thereof, 1157.

to plea of arbitrament, denying the award, ib.

nul tiel record, to a plea of judgment in the same court, ib.

the like, to a plea of judgment recovered in another court, 1158.

ASSUMPSIT-(continued)

REPLICATIONS IN-(continued)

to plea of judgment recovered, denying that it was for same causes of
action, 1158.

to plea of release, non est factum, ib.

to plea of release, that it was obtained by fraud, ib.

to plea of set-off, nil debet, ib.

to set-off on recognizance, &c. nul tiel record and nit debet, ib.

statute of limitations to a plea of set-off, 1159.

to plea Court of Conscience Act, defendant indebted more than 40s. ib.

to plea of statute of limitations, that defeudant did undertake, &c. 1160.
that cause of action did accrue, &c. ib.

a writ sued out within six years, 1161.
that plaintiff was abroad, and action commenced in six years
the like in another form, 1162.

[turn, ib.
after re-

[turn, ib.
that defendant was abroad, and action commenced in six years after re-
replication in an action by executors to a plea of statute of limitations,
that testator commenced an action within six years, which abated by
death, and that within a year after the present action was commenced
by plaintiff as executor, 1162 a.

other replications to statute of limitations, 1162 c.
to pleas by and against executors, 1163.

that defendant is executor, ib.

to plene administravit, that defendant had assets, ib.

replication and award of inquiry where only plea of plene administravit is
pleaded, ib.

to plea of plene administravit by executor of executor, 1164.

the like to a plea of bonds or judgments outstanding, ib.

that defendant had assets at the time he had notice of writ, ib.

that after exhibiting bill, and before plea, as els came to defendant's
hands, ib.

that judgments recovered against executor, were obtained by fraud, 1166.
judgment fraudulently confessed for more than was due, 1167.

to bond outstanding, that it is fraudulently kept on foot, ib.

replication to plea of retainer on an indenture that the same was void for
fraud, 1168.

to plene administravit, prayer of judgment of assets quando acciderint, 1168.
the like with award of inquiry, where general issue was not pleaded, 1169.
replication to plea of plene administravit præter, praying judgment as to
the £10, and averring assets extra, sufficient to pay the debt, 1169 a.
REJOINDERS IN,

to replication, ante, 1146, that at time plaintiff's discounted bill, they
knew of the usury mentioned in the plea, 1220.

to replication to plea of insolvency, that debt contracted before discharge, ib.
denial that the goods, &c. were necessaries, ib.

denial of defendant's confirming the promises, 1221.

to replication of latitat before tender, that plaintiff had no cause of action
at time of issuing writ, ib.
[time, ib.

to like, stating time when writ was really issued, and tender before that
the like of process out of the Exchequer, 1222.

to replication to plea of tender of prior demand, no such demand, 1223.

to replication of subsequent demand, no such demand, ib.

to a replication of payment to plea of set-off to a judgment recovered
denying payment, 1223.

that release was obtained fairly, ib.

ASSUMPSIT―(continued)

REJOINDERS IN-(continued)

that action did not accrue within six years of issuing writ, 1223.

to replication of a latitat shewing time when it was issued, and non as-
sumpsit infra sex annos of that time, 1224.

denying record of writ, ib.

traverse of the intent of issuing the writ, ib.

to replication that defendant was beyond sea, &c. that plaintiff did not
exhibit his bill within six years of defendant's first return, 1224 a.

to replication to plea of statute of limitations in an action by executors, of
the action being brought in a recent time after testator's death, that
the defendant did not appear, nor did testator declare in former suit,
1225.

to replication that assets had come to hand since exhibiting bill denying
the fact, ib.

to replication that the judgments against defendants were obtained by
fraud, denying fraud, ib.

SUR-REJOINDERS IN,

common form of, 1235.

that debt contracted before defendant's discharge under insolvent act, 1234.
REBUTTER AND SUR-REBUTTER IN, 1236.

PLEAS, &c. to NEW ASSIGNMENTS IN, 1237.

PLEAS, &C. PUIS DARREIN CONTINUANCE, 1238, &c. (see title Puis Darreir
Continuance.)

DEMURRERS IN, 1246, (see title Demurrer.)

JOINDER IN DEMURRER, 1267.

ASSURANCE, POLICIES OF (see title Policies of Insurance.)

ATTAINDER (see title Outlawry.)

ATTORNEY (see titles Abatement. Agent. Privilege.)

declaration by an attorney in K. B. 29.

bill against ditto, ib.

ditto, where cause of action accrues in vacation, 30.

by an attorney of C. P. ib.

against ditto, 31.

declaration thereon, ib.

against attorney of C. P. at Lancaster, ib.

[nies, &c. 68.

assumpsit by, for fees, &c. for every description of business and jour-

for prosecuting a commission of bankruptcy, 70.

for procuring a bankrupt's certificate, ib.

for procuring defendant's discharge as an insolvent, ib.

as a clerk in court, &c. in Exchequer, ib.

by an agent against another attorney, 71.

against, for negligently conducting cause to trial without evi-
dence, 371.

general count, for improperly conducting an action, whereby

plaintiff did not recover in it, 874.

for not obtaining judgment so soon as he ought to have
done, 374 a.

general count, for improperly conducting a defence to an
action, whereby defendant failed in it, 377.

[374.

for not putting in bail, whereby his client had to pay debt,
for not putting in sufficient plea to an action, 375.

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