In trespass, the defendant pleads in bar; the plaintiff makes a new assignment in his replication ; tbe defendant rejoins that the places mentioned in the bar and in the new assignment are all one ; upon this the plaintifYf demurs ; the plaintiff has judgment; affirmed in error. For the plaintiff shall never be received to give evidence, that the trespass was done in the place named in the bar ; for he has denied that, by his new assignment ; and therefore the defendant’s rejoinder is vain : the defendant ought to have pleaded to the new assignment.
Citations:
[1220] EngR 448, (1220-1623) Jenk 265, (1220) 145 ER 190 (C)
Links:
Torts – Other
Updated: 08 May 2022; Ref: scu.461360