 | Henry John Stephen - 1824 - 598 páginas
...inasmuch as the said G. ff. is not named in the said writ, together with the said CD, he, the said CD, prays judgment of the said writ and declaration, and that the same may be quashed (r). The effect of all pleas in abatement, if successful, is, that the particular action is defeated.... | |
 | Joseph Story - 1829 - 736 páginas
...him, the said D., addition is not above made of his estate, or degree or mystery, he, the said D., prays judgment of the said writ and declaration, and that the same be quashed. See 3 Bos. and Pull. 395. WRONGJOINDER ABATEMENT. * 4. To THE COUNT. 1. Wrong-Joinder.... | |
 | 1833 - 1308 páginas
...not named in the said writ and declaration together with the said defendant, he, the said defendant, prays judgment of the said writ and declaration, and that the same may be quashed. To this plea the plaintiff demurred as follows : — And the said plaintiff saith, that the said plea... | |
 | John Frederick Archbold - 1838 - 682 páginas
...abatement, seems to me to be now thus: " And this he the said JS is ready to verify : wherefore he prays judgment of the said writ and declaration, and that the same may be quashed &c." See 12 East, 544. Praying " that the same may be quashed," without praying "judgment," has been... | |
 | Joseph Chitty, Tompson Chitty - 1839 - 564 páginas
...verify ; wherefore, because the said G. II. is not named in the said writ and declaration, the defendant prays judgment of the said writ and declaration, and that the same may be quashed, &c. [Counsel's signature and affidavit of truth as ante, Form 2. f9. Plea in Abatement — Coverture... | |
 | Thomas Chitty - 1840 - 762 páginas
...the said EF is not named in the said writ and declaration together with the defendant, the defendant prays judgment of the said writ and declaration, and that the same may be quashed, &c. [See 2 Chit. Ar. Pr. 651, &c.] 3. Affidavit of Truth of Plea in Abatement. In the QB [or " CP"... | |
 | Joseph Chitty - 1844 - 780 páginas
...wherefore because the said LM hath not been nor is joined in the said writ and declaration, the defendant prays judgment of the said writ and declaration, and that the same may be quashed, &c. [Add counsel's signature and affidavit of truth, as ante, 11, and post, 20. Non-joinder of In the... | |
 | United States. Supreme Court - 1844 - 800 páginas
...cause, and this they, the said defendants. are ready to verify; Wherefore, the said defendants pray judgment of the said writ and declaration, and that the same may be quashed. SANDERS, for defendants." To this plea the plaintiffs demurred, and the court sustained the demurrer.... | |
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... judgment of the said writ and declaration, and that the same may be quashed;" and as only the relief asked can be awarded, a mistake in this regard is fatal to the plea. 
