Legal Aphorisms (Classic Reprint)

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Excerpt from Legal AphorismsPlea in abatement, including plea to the jurisdiction. If the defendant fail to appear at the return day of the writ (the declaration or bill being properly filed) a conditional judgment or decree nisi goes against him, and his right thereafter to plead in abatement ceases, as under V. C. 3260 in its original form, but if he enters his appearance at the return day of the writ, without more, he thereby pro longs his right to plead in abatement until the next rules. This must follow, Since the rule to plead fixes the next rule day as the time (v. 0. 3239) and if, at the next rules, he pleads (whether in abatement or in bar) he is not in default, and no office judgment, or decree pro confesso can be taken against him under §3284, until he is in default. 6 Va. L. Reg. 484. The order at rules may be as follows: This day came the parties, by their attorneys, and the plaintiff, by his attorney, filed his declaration (or bill), and the defendant having appeared and entered his appear ance, and having failed to plead, answer or demur, a day is thereupon given the defendants until the next rules to plead to the said declaration (or bill) and the same day is given to the plaintiff there, etc.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.