INDEX. ABATEMENT, pleas in, abolished, 78. ADMISSION OF DOCUMENTS, either party may call on the other for, 54. ADMISSIONS, 55. ALLEGATIONS, if denied, or not admitted where they should have been ad- of fact in pleading, if not denied or stated to be not admitted, to be denied specifically, if not admitted, 30. AMENDMENT, generally, 42, 143. of set-off, or counter-claim, 42. of statement of claim, 41. of statement of defence, 41. of writ of summons, 14. APPEARANCE, defendant to give notice of, 10. in actions to recover land, 12, 13. in London, 10. in district registry, 10. by partners, 12. manner in which notice given of, 10. time for, 11. to be entered by delivering memorandum, 10. APPLICATION for particulars. See PARTICULARS. ASSESSORS, trial with, 55. AUDITA QUERELA, abolished, 67. CHANGE OF PARTIES, by marriage, death, &c., 82—84. CHARGING OF STOCK, 90–92. CLAIM, 21. See STATEMENT OF CLAIM. CONCURRENT WRIT, 3. See WRIT OF SUMMONS. CONFESSION, of defence, by plaintiff, 81. CORPORATION, 6. See SERVICE. A.C.L. H COUNTER-CLAIM, court may refuse permission to defendant to distinct grounds of, to be stated separately and distinctly, 32. amendment of, 42. judgment for defendant on, 32. may be ordered to be excluded and disposed of in an inde- person named in defence, as party to a counter-claim, may persons sought to be made liable under, to be served with copy to state specifically the relief claimed, 31. DEFAULT, of appearance, 14—17. in pleading. See JUDGMENT. DEFENCE, confession of, by plaintiff, 81. in action for recovery of land, 30. separate grounds of, to be stated separately in statement of DEMUR, any party may, to a pleading on the ground that facts DEMURRER, allowance of, 46. entry of, 45. may be set aside with costs, if no ground, or on frivolous overruling of, 46. to state specifically whether it is to the whole or part of where defendant wishes to demur to part of a claim, and defend where party wishes to plead and demur, 45. DISCLOSURE, of facts entitling defendant to defend, 19. See DISCONTINUANCE, withdrawal after entry for trial, 84, 85. as to documents, 37. DISMISSAL, for want of prosecution, where claim not delivered in EXECUTION, interpretation of "writ of," 65. on judgment for payment into court, 63. on judgment for recovery of property other than land or money,63. where judgment to the effect that any party is entitled to relief, writ of, renewal of, 66. INDORSEMENTS, need not state precise remedy or relief on writ, 2. on writ, 1, 2. on writ to state in what capacity plaintiff or defendant sues or special, 2, 3. INFANT, allegations of fact in a pleading, not to be taken as INJUNCTION, indorsement for, 1. INSPECTION, of documents, order for, 40. INTERROGATORIES, any answer to may be used in evidence without the others, 37. application to set aside, 35. defendant not answering to be liable to have his defence struck costs on, 37. in writing, may be delivered, 34. non-compliance with order to answer, 36. objections to answering, 35. omission to answer, or answering insufficiently, 36. plaintiff not answering to be liable to have his action dis- to body corporate or joint stock company, 34. JOINDER, OF CAUSES OF ACTION, 74. application by defendant to confine causes, 75. claim by or against an executor or administrator, 75. JOINDER OF ISSUE, by each party in his pleading subsequent to reply, 47. by defendant, 47. to be deemed the close of the pleadings, 47. where usually necessary, 47. JUDGMENT, entry of, 60. entry of, where judgment is pronounced, 60. entry of, where judgment is not pronounced, 60. final, on writ specially indorsed, where defendant does not in default of appearance, where claim is for detention of goods in default of appearance, in action for recovery of land, 16. in default of appearance, where defendant is under disability, 17. by default, setting aside, 21. motion for, 92, 95. where plaintiff's claim is for a debt or liquidated demand, and where defendant does not appear to writ out of District under Bills of Exchange Act, 18. under Order 14.. 18. judgment of, to have same effect as a judgment on the merits may be set aside on the ground of mistake, surprise, or acci- NOT GUILTY BY STATUTE, plea of, not to be pleaded with any other defence, except by effect of, 30. plea of, to have same effect as heretofore, 30. NOTICE, by defendant to inspect, 54. in lieu of writ, service of, 4. by defendant, to try before judge and jury, 52. of special jury, 52. to produce, 38. to produce by plaintiff, 53. by defendant, 54. where plaintiff wishes to have the action tried in a different NOTICE OF TRIAL, by plaintiff, 48. by defendant, 48. may be given by defendant if plaintiff fails to do so within the not to operate for any particular sittings in London or Middle- countermand of, 51. countermand of, by defendant, 51. ten days' notice to be given, 50. PARTICULARS, application for, 24. PARTIES, amendment of claim, 72. change of, by marriage, death, &c., 82-84. application to add or strike out, 72. filing amended writ, where defendant added as a party, 72. married women, infants, and lunatics, 70. numerous, having the same interest, 70. plaintiffs, 68. PARTNERS, appearance by, 12. execution on judgment against, 63. to declare on demand the names and addresses of members of firm, 14. PAYMENT INTO COURT, before defence, defendant to give notice of, 27. in action for debt or damages, before or at time of delivering of money before defence may be accepted by plaintiff in satis- of money, first stated in defence may, before reply, be accepted PAYMENT OUT OF COURT, to plaintiff, or his solicitor on his authority, 27. |