Nevill Minor Abstracts 186970 JPEG

class or quality of the answer 2g Matters may make plead Double though ill [pleas] 3g Matters immaterial can make duplicity Because no issue can arise out of it 4g Matters pleaded as nece— sary Inducement does not occasion Duplicity 5g Matters Multifarious making no complete proposition does not occasion Duplicity 5f Modes of practice whereby Rule requiring singleness is evaded wh cons 1g Several courts in Declara— tion wh cons 1h When there are several causes of Action really distinct 2h When {there} one cause of Action is stated in dif— ferent objects In order to avoid danger of variance 2g Several Pleas wh cons 1h Several pleas in answer to distinct causes of ac— tion Allowed at Common Law. One answer to each distinct cause 2h Several pleas in answer to one demand Allowed by statute VC ch 171 sec 23 [Drawing of a hand pointing to text] Extends not to Replica— tions or subsequent stages of altercation 2[e] Rule II It is not allowable at Com Law (aliter in Virginia by

statute as to answers to Declarations VC ch 171 S 23) to plead and to demurr to the same matter 4d of Rules which tend to produce certainly or particularity in the Issue See VC ch 171 S10 wh cons 1e Rule I Pleading must have certainty of place wh cons 1f Reason for the Rule originally The jury were not mere Triers but Recognitors 2f Venue in the action Originally noted in the margin of the Declaration 3f Venue in the body of the pleading Plea assigned to the fact alleged on which issue might be joined 4f Modification occasioned by 16 & 17 Car II and by 4 Ann 16 & 17 Car II had the effect to substitute the name of the action for the name of the fact and 4 Ann allowed the jury to be summoned from the body of the county and not necessarily from Vill or Hamlet 5f Where the place must be stated truly wh cons 1g Local actions VC ch 169 S1 2g Traversing actions VC ch 169 S. 1. 2 ch 171 S 8. 6f Change of Venue VC ch 174 S. 1 to 5 7f When place is {meantime} matter of Description Must be stated with rigid accuracy VC ch 171 S 8.

2e Rule II Pleadings must [have] certainty wh cons 1f Extent of Rule Applicable only to traversable facts and hence does not apply to matter of Inducement or of Aggravation. In continuous acts the [time] should be stated continuous— ly and the declaration must be avered. 2f How far time must be stated truly wh cons 1g General Rule Variance immaterial if stated under a vide licet 2g Restrictions upon pleaders option in assigning time wh cons 1f Should employ a vide licet 2f Should not lay a time intrinsically [impossible] or inconsistent with the face to which it (...) 3f Where time is material to the merits Must be proved a stated whether averred under (...) or (...) 3g Where time is immaterial in subsequent pleadings Pleader may assign the time laid in the Dec— laration But if time be ma— terial the subsequent pleading must state the true time 4g Rule applies only to personal not to real actions 3[e] Rule III Pleading must

specify quantity Quality and value wh cons 1f Real Actions Specify quantity and quality of lands {2f Mode of Expressing} {Quantity &c} {By the ordinary} {measures of Extent} 2f In personal actions wh cons 1g Mode of Expressing Quantity &c By ordinary measures of extent capacity &c Eg in respect of land. Acres, Roads, &c In respect of Weight tons hund— red weight pounds &c 2g Mode of Expressing Value By reference to current coin. E.g. in VA Dollars & cents In England pounds shillings & pence &c 3g Specification of Quantity value &c in loose and gen— eral may sometimes admitted When great prolixity is thereby avoided — E.g. In case of action to recover a library of Books &c 4g Where Rule dispensed with Eg [Matters]

of Debt or assumpsit to recover goods sold &c 5g How far the proof must conform to the allegation wh cons 1h In respect of quantity and value wh cons 1i If allegation be under a vedi licet and not descriptive variance immaterial 2i If allegation Descrip— tive Variance fatal 2f In respect of Quality Generally descriptive and variance fatal 4[e] Rule IV Pleadings must specify names of persons

End of Volume I of Minors Senior Abstract as taken by Robt S Nevill at the University of Virginia Session of 1869 and 70

Robt S Nevill Scooba Depot Miss. Robt S Nevill Scooba Depot Kemper County Miss. End of Minor's Senior Abstract taken the session of 1869 and 70 by Robt S Nevill from the Blackboard as put thereon by John B. Minor Professor of Common & Statute Law U of Va