Art. 7. Mutual account, some items within six years. 9. Acknowledgment or admission, &c. of a part. 10. Plt. may reply fraud to this plea. 11. Limitation of twenty years. 12. Cases in Massachusetts as to twenty years. 13. Massachusetts cases on the said statutes further. 14. Acts of limitation not originally pleaded. PLEAS, NIL DEBET, NON EST FACTUM. Art. 1. In sundry cases, and notes. 2. Who applies the payment. 3. When a bill pays a debt or not. 2. Matter consisting with the record may be averred. 3. When a record may be altered. 4. When the record entered and the one pleaded are the same Art. 3. Release to one, or by one, of several. 4. Requisites in pleading a release. 6. General words when restrained. 7. When a release, &c. is a defeasance. 2. Debts due to one as surviving partner, set off against his own 3. Unliquidated damages cannot be set off in England. 4. Where liquidated damages may be set off by the obligee in a 6. Judgments set off, &c. persons having or claiming liens thereon. PLEAS. SAVED HARMLESS 5. If the surety pay more than the real debt, it is his own loss. TENDER AND BRINGING INTO COURT MONEY, PLEADED. 2. Sundry rules in tenders, &c. illustrated by cases. 3. The effect of a tender, the party to receive being absent. 4. By whom a tender is to be made. 5. In what money a tender must be made. 6. Where a tender is to be made. 7. When a tender is to be made. 8. To whom a tender is to be made. 9. When uncore prist is to be pleaded. 10. When touts temps prist is to be pleaded. Art. 13. In what cases money may be brought in, and notes. 14. The manner of pleading a tender and bringing money into 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. 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. 10. Justification, damage feasant. 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. 13. Retraxit. 14. Default. 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. |