A Treatise On the Principles of Pleading in Civil Actions
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166. Tidd, 617. 620-1. 1 Bos. & P. 157. Vid. 1 Peters, 74, & seq.
suit pending for the same cause that the action is misconceived or that the suit was commenced before the right of action had accrued, is a plea ' to the action of the writ. ' 292 OF PLEAS 1N ABATEMENT.
CHAP. V.
- Of the mode of pleading in abatement and the effect of the plea(\Q).
141. If matter of mere abatement is pleaded in bar ; or if matter, which goes only in bar, is pleaded in abatement ; the plea, in either case, is ill(...a). For otherwise, all distinction betweent hese different clas- ses of pleas would be confounded. In the former case too, judgment in chief must be given for the plaintiff (6) ; since the plea, which is necessarily ill, is to the action. There are, however, as has before been shown, (ante, ^ 37. 43. ), certain defences, which are good, either in abatement or in bar ; and to these the above rule is, of course, inapplicable.
how tobe 14Q. A plea in abatement, for matter apparent gin, and upon the face of the writ, should, in general, both conclude.
What to read after A Treatise On the Principles of Pleading in Civil Actions?
You can find similar books in the "Read Also" column, or choose other free books by James Gould to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
166. Tidd, 617. 620-1. 1 Bos. & P. 157. Vid. 1 Peters, 74, & seq.
suit pending for the same cause that the action is misconceived or that the suit was commenced before the right of action had accrued, is a plea ' to the action of the writ. ' 292 OF PLEAS 1N ABATEMENT.
CHAP. V.
- Of the mode of pleading in abatement and the effect of the plea(\Q).
141. If matter of mere abatement is pleaded in bar ; or if matter, which goes only in bar, is pleaded in abatement ; the plea, in either case, is ill(...a). For otherwise, all distinction betweent hese different clas- ses of pleas would be confounded. In the former case too, judgment in chief must be given for the plaintiff (6) ; since the plea, which is necessarily ill, is to the action. There are, however, as has before been shown, (ante, ^ 37. 43. ), certain defences, which are good, either in abatement or in bar ; and to these the above rule is, of course, inapplicable.
how tobe 14Q. A plea in abatement, for matter apparent gin, and upon the face of the writ, should, in general, both conclude.
What to read after A Treatise On the Principles of Pleading in Civil Actions?
You can find similar books in the "Read Also" column, or choose other free books by James Gould to read onlineMoreLess
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