*IN EJECTMENT. In the King's Bench, (or “ C. P.” or “ Exchequer.") C. D. Term, 51 Geo. 3. [637] And the said C. D. by E. F. General is- John Doe demise of A. B. and others, sue. DER. coverture denying the A. B. agt. And the said A. B. saith that his said bill (or," the said To a plea of C. D. writ,") by reason of any thing by the said C. D. in her said plea above alleged, ought not to be quashed *, because he says that at fact (a). the time of exhibiting the said bill, (or "at the time of the issuing of the said writ,") against the said C. D. she the said C. D. was not married to the said E. F. in the said plea mentioned, in manner and form as the said C. D. hath above in her said plea in that behalf alleged, and this he the said A. B. prays may be inquired of by the country, &c. [Commencement as above to the asterisk.] Because he saith that To a plea of the said several promises and undertakings were made by the said in assumpsit, non-joinder C. D. alone, in manner and form as the said A. B. hath above thereof that the promises were (a) See the plea, ante, 462. The precedent in Lil. Ent. 123. concludes with a formal traverse and verification, but this, according to the general rule of replying in 1 Saund. 103. b. n. 3. is unnecessary, and the above form of commencement and conclusion, VOL. II. (inserting the word "writ" instead 3 P 482 TURE AND NON-JOIN- TO COVER- Complained against him the said C. D. to wit, at, &c. aforesaid, and not by the said C. D. jointly and together with the said E. F, in manner and form as the said C. D. hath above in his said plea in that bemade by the half alleged, and this he the said A. B. prays may be inquired of by the country, &c. defendant alone (b). [*639] *A.B. And the said A. B. saith that his said bill, (or « the said C.D.writ,") by reason of any thing by the said E. D. in his said To a plea of plea above alleged ought not to be quashed, because he saith that the that defend- said E. D. long before and at the time of the exhibiting the said bill (or "issuing of the said writ,") was and still is known as well well by the by the name of C. D. as by the name of E. D. to wit, at, &c. aforesaid, and this he the said A. B. prays may be inquired of by the country (d). Cassetur bills vel breve. [*640] And the said A. B. saith that the said person against whom he the said A. B. hath exhibited his said bill by the name of C. D. ought not to be admitted or received to plead the plea by him above pleaded for quashing the said bill of the said A. B.; because he saith that the said person against whom he the said A. B. hath exhibited his said bill by the name of C. D. heretofore, to wit, in the term of last past, came into this court here, and put in bail at the suit of the said A. B. in the plea aforesaid, by the name of C. D.; as by the record thereof remaining in the said court of our said lord the king before the king himself at Westminster aforesaid more fully appears; and this he the said A. B. is ready to verify by that record; wherefore he prayeth judgment if the said person against whom the said A. B. hath exhibited his said bill by the name of C. D. ought to be admitted or received to his said plea for quashing the said bill, contrary to his own acknowledgment and the said record, &c. and that he may answer over to the said bill. And hereupon the said A. B. inasmuch as he cannot deny the several matters above pleaded by the said C. D. *but admits the same to be true, prays judgment that the said bill (or " writ") of him the (b) See the plea, ante, 463. and the precedents, 1 Wentw. 17. 33. 47. and the note to the last precedent. (c) See the precedents, Rast. Ent. 54.-Thomp. Ent. 1.-1 Wentw. Ind. (d) 1 Bos. & Pul. 60.-Rast. Ent. 108. 334.-Willes. 558. (e) As to this replication, see Bac. Ab. tit. Pleas, I. 11.-Thomp. Ent. 1. -Tidd's Pract. 3d. edit. 582. n. 1. -1 Ld. Raym. 249.-2 New Rep. 453. CASSETUR said A. B. may be quashed, to the intent that he the said A. B. may exhibit a better bill (or "issue a better writ") against the said BILLS, &C. C. D. therefore it is considered by the court of our said lord the king before the king himself (or in C. P. " of the Bench aforesaid") now here, that the said bill (or "writ") of the said A. B. be quashed, &c. *REPLICATIONS IN BAR. [*641] [The replication of matter of estoppel commences differently from Estoppel (a). other replications, and is as follows:-] "And the said A. B. saith that the said C. D. ought not to be admitted or received to plead the said plea by him secondly above pleaded as to so much thereof wherein he alleges that," &c. (stating the part of the plea to which the estoppel relates,) "because he says, that," &c. (here state the ground of estoppel, either by the pleadings and verdict in a former suit, or by a bond, &c. as in the precedents referred to in the note (a), and conclude as follows:) and this he the said A. B. is ready to verify, wherefore he prays judgment if the said C. D. ought to be admitted or received against the said record (or "against his own acknowledgment by his deed aforesaid”) to plead the plea by him lastly above pleaded in this suit, that, &c. (stating and concluding with the allegation in that part of the plea to which the estoppel relates.) In the K. B. (or "C. P." or "Exchequer.") Term, 51 Geo. 3. A. B. And the said A. B. as to the plea of the said C. D. by him 1. Special si agt. upon the militer (b). (a) See the precedents of replica tions of estoppel, 3 East. 348 to 351. -Willes. 10.-1 Saund. 257.-6 T. R. 62. and of rejoinders of estoppel, Carth. 65.-1 Saund. 325. n. 4. (b) When the defendant pleads only one plea, and concludes to the country, and the issue is immediately made up, the similiter is not framed in this mode, but the words " and the said A. B. doth the like," are added at 66 [*642] 2. Com *And the said A. B. as to the said plea of the said C. D. by him seIN GENERAL. Condly above pleaded, saith that he the said A. B. by reason of any mencement thing by the said C. D. in that plea alleged, ought not to be barred of a replica from having and maintaining his aforesaid action thereof against tion to a spe- him the said C. D. because he saith, that, &c. (Here state the subject cial plea, usually call matter of the replication.) ed precludi non (c). The like, suggesting the death of one of the In the K. B. (or "C. P." or "Exchequer.") A. B. v. Term, 51 Geo. 3. And the said A. B. prays a day to imparle to the said pleas, C. D. and then to reply to the same, and it is granted to him, &c.; defendants. and thereupon a day is given to the parties aforesaid to come before 3. Conclusion to the country. [*643] 4. Conclu sion with a our said lord the king, at Westminster, on, &c. that is to say, for the said A. B. to imparle to the said pleas, and then to reply to the same, &c. at which day, before our said lord the king at Westminster, come as well the said A. B. as the said C. D. by their attorneys aforesaid, and the said E. F. cometh not, and hereupon the said A. B. giveth the court here to understand and be informed, that after the last continuance of the plea aforesaid, and before this day, to wit, on, &c. at, &c. aforesaid, the said E. F. died, and the said C. D. survived him, which allegation the said C. D. doth not deny, but admits the same to be true, therefore let all proceedings in this cause against the said E. F. be stayed. And the said A. B. as to the said plea of the said C. D. and E. F. by them first above pleaded, and whereof they have put themselves upon the country, doth the like. And the said A. B. as to the said second plea, &c. (same as in the last precedent.) And this he the said A. B. prays may be inquired of by the country, &c. *And this he the said A. B. is ready to verify, wherefore he prays judgment, and his damages by him sustained on occasion of the verification non-performance of the said several promises and undertakings in the in assumpsit. said declaration mentioned, to be adjudged to him, &c. .SIT. Denial of de [Similiter to general issue, as ante, 641. To second plea, com- IN ASSUMPmencement precludi non, as ante, 642, second precedent, to the asterisk.]-Because he saith that the said C. D. at the time of the fendant's inmaking of his said several promises and undertakings in the said de- fancy (d). claration mentioned, was of the full age of twenty-one years, to wit, at, &c. aforesaid, and not within the age of twenty-one years, in manner and form as he the said C. D. hath above in his said second plea in that behalf alleged, and this he the said A. B. prays may be inquired of by the country, &c. the meat, account stat [Similiter to general issue, as ante, 641, first precedent.]-And as To a plea of to the said plea of the said C. D. by him secondly above pleaded, so infancy, that far as the same relates to the several promises and undertakings in &c. were nethe said first, second, third, fourth, and sixth counts of the said de- cessaries, and that the moclaration mentioned, the said A. B. saith that he by reason of any ney mentioned in the thing by the said C. D. in that plea above alleged, ought not to be sixth count barred from having and maintaining his aforesaid action against him, was paid for in respect of the premises in those counts respectively mentioned, necessaries; and nolle probecause he saith that the said meat, drink, washing, lodging, and sequi to other necessaries in the said first and second counts of the said de- counts for money lent, claration respectively mentioned to have been found and provided by had and rethe said A. B. for the said C. D. were meat, drink, washing, lodg- ceived, and ing, and other necessaries suitable to the degree, estate, and condi- ed (e). tion of the said C. D. (ƒ) to wit, at, &c. aforesaid, and that the said goods, wares, and merchandise, in the said third and fourth counts *of the said declaration respectively mentioned to have been sold and delivered by the said A. B. to the said C. D. were also necessaries suitable to the degree, estate, and condition of the said C. D. to wit, at, &c. aforesaid; and that the money in the said sixth count of the said declaration mentioned to have been paid, laid out, and expended by the said A. B. to and for the use and account of the said C. D. was so paid, laid out, and expended by the said A. B. in and about the purchase of necessaries, fit and suitable to the then degree, estate, and condition of the said C. D. to wit, at, &c. aforesaid. And this he the said A. B. is ready to verify, wherefore he prays judgment, and his damages by him sustained on occasion of the not per [*644] (d) See the precedent, 2 Saund. 211. (e) See the precedents, 3 Wentw. 96. and Ind. III. IV. and as to this re plication in general, ante, 1 Vol. Index. tit. Infancy. (f) Must shew that equipage was necessary, 2 Stra. 1100. Andr. 277. Com. Dig. Pleader, 2 W. 22.-8 T. R. 578. Carth. 110. |