This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1798 Excerpt: ...against the fPP'"y plaintiff upon the insufficiency of declaration, but by mistake where entered quia placit. pradiil., &c, bonum & sujficiens in lege existit, judgment U &c, idea consideratum, &c, quod querens nil capias per billam (a)y -l, CI-' thewhereas it ought to have been entered quod defendens eat hide ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1798 Excerpt: ...against the fPP'"y plaintiff upon the insufficiency of declaration, but by mistake where entered quia placit. pradiil., &c, bonum & sujficiens in lege existit, judgment U &c, idea consideratum, &c, quod querens nil capias per billam (a)y -l, CI-' thewhereas it ought to have been entered quod defendens eat hide defendant Jine die, and the plaintiff brings a new action, and declares aright, upon api-- and the defendant pleads the former judgment, reciting the record rt verbatim, this is no good plea; for, without question, the plaintiff thejudg'having only committed a mistake in his declaration, he may set it 0X01-41 right in a second action. we, -ii. quod eat tnde fne die, and ball have reference to the nature or matter of the plea, and fc be takes to go in bar, or ta the writ. Co. Lit. 363. 8 Co. 68. But, if a declaration be faulty, and the defendant take no ad-Mod. 307. vantage thereof, but plead a plea in bar, upon which the plaintiff f?.c"r take issue, and the right of the matter be found for the defendant, pLj'sfp the plaintiff shall have no other action, for he is estopped by the in some verdict. So, if a declaration be faulty, and the plaintiff demur to where the plea in bar, by which he confesses the fact, if well pleaded, he are really is estopped thereby, and shall have no other action. But, if the with the plea is not good, it can be no estoppel, but the plaintiff may have jjlh1tjS, n another action. demurs to a good plea, conceiving it to be bad, the court will, before judgment, give him leave to withdraw his do tsurrer, on payment of costs, and take issue on the plea. If in trover for certain sheep the plaintiff dechres that the 25th Cro.C1r.35. day of March in the year, &c. he was possessed th...
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