Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-04-05
SOME NEW LAWS.
Acts of the 2Sth Assembly CT Interest to
the People.

Continued from yrstcrIa,,,
FORMS OF REPLCATIONS.
58th. The plaintiff as to the defend
ants plea says (here state the matter OF
reply.
seth. The plaintiff as to the second
plea says Estate the answer 10 the plea as
in the following form
Goth. That the alleged release is not
the plaintiffs deed.
6lst. That the alleged release was pro-
cured by the fraud OF the defendant.
cd. That the alleged set-otf did not
accrue within ..... years Estate the
period of limitation applicableto the case
before the plea pleaded.
63d. That the plaintiffs claim is not
an account concerning trade between
himself and defendant, as merchant and
merchant, not residing in this territory.
9th. That the plaintiff was possessed
of land called Midsummer" in ......
........ county, wherein the defendant
was trespassing and doing damage,
whereupon the plaintiff requested the
defendant to leave the said land, which
the defendant refused to do; and there
upon the plaintiff gently laid his hands
on the defendant in order to remove him,
doing no more than was necessary for
that purpose, which is alleged first assault
by the plaintiff.
Goth. That the defendant was not EN-
titled to the said way over the plaintiffs
land, as the defendant has alleged.
66th That the alleged trespass was
not use by the defendant OF the said
way.
18th. That the defendant was not
within the age OF q years, as alleged
6Sth. That the alleged deed was not
delivered as an escrow, as alleged.
69th. That the defendant was not, and
is not now, the wife OF one W. T., as
alleged.
10th. That the defendant did not make
the alleged deed by duress, as alleged.
list. That the alleged deed was not
by the fraud OF the plaintiff.
I'D. That the defendant did commit
the alleged assault in his own defense.
Of the plaintiff replies and new assigns
the new assignment may be as follows:) !
73d. The plaintiff as to the. .... and
...... pleas, says that he sues, not for
trespass therein admitted, but for trespass
committed by the defendant in excess of
The alleged rights, and also in other parts
IF the said land and on other occasions
and for other purposes than those re.
ferred to in the said pleas.
74th. And the plaintiff as to the gag.
and ...... pleas, further says, that he
sues not only for the trespasses in these
pleas admitted, but also for, etc. (1f the
plaintiff replies and new assigns to some
If the pleas, and now assign only to the
others, the form may be as follows:)
18th. And the plaintiff as to the ,...
md ... pleas further says he sues
not for the trespass in the. ,...... pleas |
the pleas not replied toy admitted, but
or the trespasses in the. ....,.. pleas (the |
pleas replied to- admitted and also for,
etc.
SONS SUING IN SPECIAL CHARACTERS.
10Th. A. B., executor Of the last will
or administrator of the goods, etc. OF o.
H., deceased, by l.. F., his attorney Tor
n person., sues D. E. for (here state the
,ause of action.
18th. ]. T., who is within age, by S.
r., his next friend Cor guardian), sues W.
B. for (here state the cause Of action.
18th. q. H., who was the husband of
L. H., deceased, formerly L. B., who has
survived his said wife, by 5. T., his at
orney Tor in person., sues c. ?. for (here
,tate the cause Of action.
18th. B. II. and F.W., surviving part
,ers of T. X. and l. NJ. Grading under
he name of r. H., F. w. & Co.., s. T.,
~ their attorney Tor in person., sue T.
/. surviving partner of NJ s. Grading
lnder the name of T. H. Il M. S., for
here state the cause OF action.
(The words trading under the name Of,
tc." may be omitted, unless the name of
he firm be contained in the contract sued
M. {.
(The conclusion OF declarations by per-
ons suing in special characters shallbe
he same with that of declarations by
PERSONS suing in their proper characters.)
OF DECLARATIONS BY EXECu-
TORS AND ADMINISTRATORS.
SOth. And the plaintiff claims s $3.50.
or if the action is brought to recover
pecifc goods, the plaintiff claims re-
urn OF the goods of their value, and
J. go. for their detention.
OF CAUSES OF ACTION BY EX-
EcUToRs AND ADMINISTRATORS.
8lst.--Money payable by the defendant
o the plaintiff for goods bargained and
odd by c. II. in his life time to the de-
endant.
82d.-Work done and materials pro-
,ided by G. II. in his life time for the
defendant, at his request.
83d.--And the form may be the same
Is between the original parties, adding
proper words to show that the transac-.
ion occurred with the decedent.
OF DECLARATIONS AGAINST
EXECUTORS AND ADMINISTRATORS.
84th. A. B., by his attorney Tor in
person as the case may be-, sues c. d.,
executor of the last will (or administrator
Of the goods chattels and etc. OF p s.,
deceased, for (here state the cause of ac-
tion).
OF DECLARATIONS AGAINST !
EXECUTORS AND ADMINISTRATORS.
85th. And the plaintiff claims S. 49,.
,or if the action be to recover specific |
yoods) the plaintiff claims return OF the
said goods or their value, and S for
their detention.
STATEMENT OF CAUSES OF ACTION AGAINST
EXECUTORS AND ADMINISTRATORS.
Seth. Causes of action may be stated
against executors and administrators in |