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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.

13. Retraxit.

14. Default.

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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.

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