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Description - The Law of Pleading and Evidence in Civil Actions, Arranged Alphabetically, Vol. 2: With Practical Forms; And the Pleading and Evidence to Support Them (Classic Reprint) by John Simcoe Saunders

Excerpt from The Law of Pleading and Evidence in Civil Actions, Arranged Alphabetically, Vol. 2: With Practical Forms; And the Pleading and Evidence to Support Them

Lev. 403, Cowp. 18; but if the party justify under a capias, a precedent summons bught to be set sforth, Willes, 38; or it should be shown by ih tendment or otherwise, that such summons had issued; Willes, 688, 38, n. If the plea justify a trespass under the process of a foreign court, it seems that it should be formed in analogy to similar justifications under the pro cess of our inferior courts; but, at any rate, a plea which only states that the court abroad was governed by foreign laws, that the property seized was within its jurisdiction, that certain legal proceedings were had accord ing to such foreign laws, against the property in question in such court, having competent jurisdiction in that behalf, et taliter processam, &c., that the defi. Was ordered by the same court, having competent authority in that behalf, to seize the property is bad, as being too general, and not giv ing the plt. Notice whether the deft. Justified as an officer of the court or party to the cause, or of what nature the charge was, or by whom insti tuted, or what the order of seizure was, whether absolute or quousque, &c.: Collett v. La. Keith, 2 East, 260; and see in general, 2 S. N. P. 887, 8.

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