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(If the plaintiff replies and new assigns to some of
the pleas, and new assigns only to the other, the
form may be as follows :)
LXXXIII. And the plaintiff, as to the and
—— pleas, further says, that he sues not for the
trespasses in the ——— pleas (the pleas not replied to,)
admitted, but for the trespasses in the pleas
(the pleas replied to,) admitted, and also for, &c.
PLEAS IN ABATEMENT.
LXXXIV. That the plaintiff at the time of issuing
the summons in this case, was and still is the wife
of one R. B.
LXXXV. That the plaintiff is within twenty-one
years of age; and has declared by attorney, when
he should have declared, by next friend or guar-
LXXXIV. That the said contract, in the declara-
tion mentioned, was made by the defendant jointly
with one W. P., who is still living and is residing
in the county (or the city,) aforesaid; and was not
made by the defendant alone, and therefore, the said
W. P. should have been sued also.
(This form shall be sufficient whether the contract
be by parol or by deed.)
FORM OF AFFIDAVIT TO PLEAS IN ABATE
MENT, REQUIRED BY THE STATUTE XVI
ANNE.
LXXXVII. ———— county.
M. R. (the defendant in the cause) makes oath
and says, that the plea, hereunto annexed, is true in
substance and in fact. M.R.
Sworn before ____
FORM OF DECLARATION, WHEN THE SUM-
MONS IS RETURNED, AS TO SOME OF
THE DEFENDANTS, "CANNOT BE
LXXXVIII. (Venue.) R. G., by S. T., his attor-
ney (or in person,) sues J. T. and M. B., (but M.
B. cannot be found by the sheriff,) for (here state
the cause of action,) and the plaintiff claims from J.
T. (the person summoned,) $. ————
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Forms.
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