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Art.
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Sec.
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Pleadings — Cont'd :
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PLEAS :
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To bill or amended bill. (See Equity— Bills.)
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Traverse, by way of ....................................
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75
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10
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When sufficient ........................................
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75
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3
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PROFERT AND OYER:
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Opposite party entitled to oyer in any case...............
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75
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28(106)
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Profert need not be made in declarations or pleas ........
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75
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28(106)
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Recognizance. (See under Executions.)
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Rejoinder; when sufficient...................................
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75
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3
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Removed causes; amendments of ...........................
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26
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44
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REPLICATIONS :
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Forms of :
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Commencement of ................................
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75
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28(63-64)
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Fraud in procurement of release .....................
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75
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28(66)
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Issue as to assault of defendant being in self-defense.
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75
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28(77)
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Issue as to coverture.................................
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75
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28(74)
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Issue as to duress...................................
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75
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28(75)
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Issue as to escrow ..................................
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75
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28(73)
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Issue as to fraud ...................................
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75
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28(76)
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Issue as to infancy..................................
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75
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28(72)
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Issue as to right of way..............................
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75
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28(71)
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Justification of alleged first assault...................
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' 75
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28(69)
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Limitations as to set-off ............................
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75
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28(67)
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New assignment ; forms of :
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Trespass q. c.f..................................
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75
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28(78)
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Where plaintiff replies and new assigns...........
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75
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28(78-79)
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Where plaintiff replies and new assigns to some
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and only new assigns as to others...............
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75
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28(80)
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Non est factum as to release.........................
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75
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28(65)
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Non-residence of plaintiff and defendant, etc.........
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75
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28(68)
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Nul tiel right of way ...............................
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75
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28(70)
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General replication ; in suits on collector's bond .........
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81
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In suits on bonds of clerk or register.................
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75
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20
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On equitable grounds in replevin.........................
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75
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92
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To plea of payment into court...........................
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75
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25
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To plea of performance by tax collector in suit on bond.....
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81
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83
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When sufficient .......................................
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75
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3
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Sealed instrument; same persons may sue and be sued thereon
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as might sue or be sued but for such seal...................
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75
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15
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SET-OFF :
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In any suit ex contractu or upon judgment, defendant
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may plead by way of, any liquidated or unliquidated
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claim of same nature, whether it was available by way
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of recoupment or not .................................
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75
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16
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Where set-off is pleaded, judgment may be given for
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excess of one claim over the other if such excess sup-
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ports judgment; otherwise such excess is basis of judg-
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ment in court of lower jurisdiction.....................
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75
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17
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Simple contract; counter-claims pleadable in bar or as set-off.
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75
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17
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Specialty; counter-claims pleadable in bar. or as set-off........
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75
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16
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Speedy Practice Act, cause of action properly setting forth
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items of plaintiff's claim filed with narr. under, becomes
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one of pleadings and plaintiff restricted to items thereon.....
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75
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28(107)
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Stockholder of dissolved corporation may plead all defenses
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corporation or receiver could plead........................
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23
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97
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Suits affecting land; declaration need not state name under
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which land was patented; when descriptions sufficient........
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75
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26
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Suits against insurance, surety or bonding companies; when
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and where maintainable ..................................
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75
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27
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Suits on bonds of clerk or register; replication to plea of
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defendant; not necessary to suggest breaches; evidence of
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admissible under general issue.............................
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75
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20
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112
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