Report of Cases Argued and Determined in the English Courts of Common Law Volume 30 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 Excerpt: ...in form as a replication to the whole plea; in each, the part replying excess contained no prayer of judgment, but only a verification followed by an 850.: Held bad on special demurrer. 6. Semble, that it would not have been bad, if the replication had been subsequent to the taking effect of the rules, Hil. 4 W. 4. 7. But held, that the above faults did not make the replication bad as to the whole; and judgment was given for the plaintiff as to such parts of the replication as were good, and for the defendant as to the rest. Tnssrass. The first count of the declaration (of 10th December, 1833, ) charged that the defendants heretofore, to wit, 23 July, 1833, and at divers other days and times between that day and the commencement, &c., broke and entered a close of the plaintiff, situate, &c., and broke to pieces, damaged, &c., divers, to wit, ten windlasses, and other articles of machinery enumerated, &c. Second count, that the defendants on said 23d July, damaged and destroyed eertain goods, &c., to wit, ten windlasses, &c., and seized, took, and carried away certain other goods, &c., to wit, ten other windlasses, &c., and converted and dis-74, posed of them to the defendants' use. Third count, that the defendants F " on 1st July, and on divers other days and times between, &c., broke and entered four other closes of the plaintiff, and other wrongs, &c. The defendants pleaded five pleas (of 3d February, 1834). The first, second, and fifth, led to issues of fact. Third plea. As to breaking and entering the close in the first count mentioned, and as to breaking and enterin the four closes in the last count mentioned, and as to breaking to pieces, &c., the windlasses, &c., in the first count mentioned, ...