OF INJURIES TO PERSONAL PROPERTY.-(continued.)
as 1. to pay quantum meruit for labor,.
2. to pay quantum valebat for goods,
3. to account for money had and received to the use of another, 163
4. to repay money laid out and expended for one's own use,.... 163
5. to pay the balance on an account stated,................
6. to perform one's duty in any undertaking,.
in some cases, also, there is an implied warranty on sales,
in all these cases an action lies on the implied assumpit,
and sometimes an action of deceit,...
2. by intrusion, where after a particular estate is determined, a stranger
enters before the remainder man or reversioner,..
3. by disseisin, which is a wrongful putting one out of possession,
4. by discontinuance, which is where tenant in tail or husband of tenant
in fee makes a larger estate of the land than he is entitled to,...... 171
5. by deforcement, which is where the entry was originally lawful, but
the detainer is become unlawful,
the remedies for these wrongs are,
I. peaceable entry, which is applicable only to the first three cases,
and the right of which may be tolled,
III. where the wrong doer hath gained the actual right of possession, the
remedy is by writ of right or other writ in the nature thereof,.. 190
the present remedy for these wrongs is by action of ejectment.
2. by assize of nuisance, in which damages may be recovered and the
nuisance abated,
3. by writ quod permittat prosternere,.
but an action on the case is now the sole remedy,
to be injured by waste, one must have an interest in the estate,
which may be either a present interest (as by right of common),
or an interest in remainder or reversion,...
2. corrective, by writ of waste, to recover the place wasted and damages, 228
for which an action on the case is now substituted,
of those due by tenure, the general remedy is by distress,
other remedies are, 1. action of debt; 2. assize; 3. writ de consuetudin-
ibus et servitiis; 4. writ of cessavit; 5. writ of right sur disclaimer, 231
to remedy the oppression of the lord, the tenant has, 1. writ ne injuste
vexes; 2. writ of mesne,..
of those due by custom, the remedies are, 1. writ of secta ad molendinum, &c.,
2. action on the case,
disturbance is a hindering or disquieting the owner of an incorporeal hereditament
in his regular and lawful enjoyment of it, .....
I. disturbance of franchises is remedied by action on the case,
II. disturbance of common, which may be, 1. by intercommoning without
right; 2. by surcharging the common; 3. by enclosure, or obstruc-
tion, for each of which is appropriate remedy,.
this includes, 1. summons; 2. writ of attachment or pone, sometimes the first
process; 3. writ of distringas; 4. cupias ad respondendum, and testatum
capias, or, instead of these, in the king's bench, the bill of Middlesex
and writ of latitat, and in the exchequer, the writ of quo minus; 5.
the alias and pluries writs; 6. the exigeat, or writ of exigi facias, pro-
clamations and outlawry; 7. appearance and common bail; 8. arrest
9. special bail, first, to the sheriff and then to the action,........279–292
for all which a writ of summons is now substituted in ordinary cases.
II. the defence, claim of cognizance, imparlance, view, oyer, aid-prayer, voucher,
or parol demurrer,.
III. the plea, which is either dilatory or to the action,.
1. to the jurisdiction of the court,.
3. in abatement of the writ or counts,.
pleas to the action either confess the complaint in whole or in part, as in
tender and set-off,....
or totally deny the cause of complaint; as the general issue or special
plea in bar,...
instances of special pleas,.
they are now from the three superior courts at Westminster to the
exchequer chamber,.....
and from the exchequer chamber and the superior courts of Ireland
to the house of lords,....
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