A

TREATISE

ON

PLEADING,

WITH

A COLLECTION

OF

PRACTICAL PRECEDENTS,

AND

NOTES THEREON.

IN THREE VOLUMES.

VOL. III.

BY JOSEPH CHITTY, Esq.

OF THE MIDDLE TEMPLE, BARRISTER AT LAW.

THE FIFTH EDITION,

CORRECTED AND ENLARGED.

LONDON:

SAMUEL BROOKE, PATERNOSTER ROW;
MILLIKEN AND SON, DUBLIN.

1831.

ANALYTICAL TABLE

ΤΟ

THE THIRD VOLUME.

IMPARLANCES.

general imparlance by bill, 889.

the like by original, ib.

imparlance and suggestion of death of one defendant after declaration,

890.

special imparlance by bill, ib.

the like in another form, 891.
the like by original, ib.
general special imparlance, ib.

DEFENCES.

defence on appearance by attorney, 892.
the like by husband and wife, ib.

the like, on appearance by a feme covert, ib.
defence by a person sued by a wrong name, ib.
defence by an infant, 893.

PLEAS TO THE JURISDICTION.

plea to the jurisdiction of an inferior court, 894.

PLEAS IN ABATEMENT.

plea of privilege by an attorney of C. P. to an action in K. B. 895.
affidavit of the truth thereof, 897.

plea of privilege by an attorney of K. B. sued by latitat, ib.

the like to an action by original, 898.

coverture of the plaintiff, 899.

coverture of the defendant, 899 a.

plea that the contracts were made jointly with another person, 900.
non-joinder of a co-obligor in a joint and several bond, 901.

misnomer of defendant's christian name in K. B. 901 a.

affidavit of the truth thereof, 902.

the like in C. P. ib.

misnomer of defendant's surname in K. B. by bill, 903

misnomer of plaintiff's surname in K. B. by bill, ib.
another action depending for the same cause in K. B. ib.

PLEAS IN BAR IN GENERAL.

COMMENCEMENTS AND CONCLUSIONS.

1. commencement of a first plea when special, 906.

2. the like, where ground of defence arose after writ issued, ib.

3. commencement of a second or subsequent special plea, ib.

4. the like to a particular count, or particular trespasses, &c. 907.

5. conclusion to the country, ib.

6. conclusion with a verification, ib.

7. conclusion with a verification by the record, ib.

PLEA IN ABATEMENT AS TO PART, AND IN BAR TO THE REST.

plea in C. P. of coverture, in abatement to part, and of general issue

and coverture in bar to the rest, 907.

PLEAS IN BAR IN ASSUMPSIT.

GENERAL ISSUE AND OTHER PLEAS.

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

became guarantee was a feme covert, 909.

plea confessing causes of action in certain counts, and certain damage

thereby sustained, and general issue to residue, ib.

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, 909 a.

infancy of defendant, 909 b.

coverture of defendant, 909 c.

plaintiff an alien enemy resident bere, 910.

plaintiff an alien enemy resident abroad, 911.

bankruptcy and certificate of defendant under 6 Geo. 4. c. 16, 912.

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 under commission, 917.

bankruptcy of plaintiff, 918.

insolvent debtors' act, 919.

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

Addenda.

payment after action brought, see Addenda.

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,

926 a.

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.

PLEAS IN BAR IN ASSUMPSIT―(continued)

SET-OFF, 931 a 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 an 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 contracts the defendant had a set-off

against the factor, ib.

WESTMINSTER COURT OF CONSCIENCE ACT, 939 a.

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 ad-

ministration, ib.

plaintiff ne unques administrator, as to causes of action contained in

declaration, 942 a.

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.

on a bond, ib.

on a simple contract, ib.

judgment against testator, outstanding bonds, and judgments against

defendant, 947.