2. Plea.1 Form No. 16677. (Precedent in Martin v. Ramsey, 7 Humph. (Tenn.) 260.) [(Venue and title of court as in Form No. 15254.) And the defendant, John M. Ramsay, in his own proper person; comes and defends the wrong and injury, when, etc., and says that]3 the subpoena to answer in the [above entitled]3 cause was executed on the defendant by the sheriff of De Kalb county, whilst he was in attendance at the Circuit Court of De Kalb county, sitting at Smithville, summoned as a witness on behalf of the plaintiff in a suit then pending in said court, in which John Martin was plaintiff, and one R. R. Stephens was defendant, and this the defendant is ready to for this district, came into the room assigned by the state authorities to the Justices of the Supreme Court, and where the sessions of the said court are held; and while the defendant and two other Justices of said court were actually engaged in the performance of judicial duties, and served upon the defendant, a writ from this court, commanding the marshal of the district to summon the defendant to appear before this court on the first Monday of April ensuing, (which was the 7th day of April,) to answer unto the plaintiff in this case, in a plea of trespass on the case, etc., etc. On the day the said writ bears date, viz.: the 8th day of March, the defendant was employed in the discharge of his official duties." The motion in this case was sustained. 1. May be Raised by Plea. In some jurisdictions the proper way to take advantage of privilege is by plea. Thornton v. American Writing Mach. Co., 83 Ga. 288; Peters v. League, 13 Md. 58; Palmer v. Rowan, 21 Neb. 452; Prentis v. Com., 5 Rand. (Va.) 697; Larned v. Griffin, 12 Fed. Rep. 590. But in Fletcher v. Baxter, 2 Aik. (Vt.) 224, the court said: "No case is to be found in the English books in which the privilege of a party or a witness has ever been the subject of a plea, either to the process on which he was arrested, or to an action against his bail; nor is any intimation anywhere given, that it might be so pleaded. It has uniformly been treated as the ground of a motion only, and as resting in the discretion of the court, whether to grant it or not." For the formal parts of a plea in a particular jurisdiction see the title PLEAS, vol. 13, p. 918. " ton, 2 Head (Tenn.) 471, is set out the following plea: The said John B. Compton, in proper person, comes and defends the wrong and injury, etc., and says that he ought not to be compelled to answer the said original writ sued out in this cause, because he says that he, the said Compton, was, on the day of suing out the said original writ and execution of the same, a witness in said Circuit Court, duly subpoenaed, etc.; that he was, at the time of the execution of said writ, attending his duty in said court as a witness, and that, according to the privilege granted to him during his attendance on said court as a witness, by statute made and provided in such cases, he ought not to be compelled to answer against his will any person in any civil action prosecuted against him by original writ in said Circuit Court, sued out against him at the suit of any person whatever, And the said Compton in fact saith that he is impleaded by said original writ as aforesaid, against his will and against the privilege granted to him by the statute made and provided in such cases; and this he is ready to verify. Wherefore he prays judgment of said original writ sued out in this cause, and that the same may be quashed." The plea was held fatally defective. The court said: "Without noticing other objections, it does not show in what suit or for which party he was attending as a witness, nor, indeed. whether any suit was then pending, or in what court he was giving his attendance. This is certianly too vague and indefinite for a plea in abatement." 2. The plea in this case was allowed. 3. The matter enclosed by and to be supplied within [ ] will not be found in the reported case. Insufficient Plea. - In Baker v. Comp verify. Wherefore he prays judgment of the court, if he shall be compelled to make any other answer [and that the said subpœna may be quashed. (Verification.)1]2 3. Order to Show Cause.3 Form No. 16678. (Green's Pr. (1866), § 799.) John M. Ramsay. (Title of court and cause as in Form No. 5522.) Let the plaintiff show cause before me at my chambers in Grand Rapids, on the twentieth day of January, 1899, at ten o'clock in the forenoon, why the defendant should not be discharged from arrest on the capias ad respondendum issued in this cause. INDEX TO FORMS. POOR DEBTORS. Affidavit by creditor that debtor is not entitled to oath, 15313. Application or petition, 15303-15305. Appointment of justices to administer oath, 15302. Bond or recognizance that debtor will within a certain time present himself for examination, 15299, 15300. Certificate of administration of oath, 15321-15326. Certificate of service of notice on creditor, 15311. Citation or notice to creditor, 15307-15310. Examination and discharge of poor debtor, 15303 et seq. Habeas corpus to jailer to deliver up debtor for examination, 15312. Oath, 15314-15320. Order that notice of application be given to creditor, 15306. Petition for appointment of justices before whom application for adminis- tration of poor debtor's oath may be made, 15301. Proceedings by poor debtor to secure discharge from imprisonment, 15299 Proceedings on bond or recognizance of poor debtor, 15327, 15328. Proceedings upon application, 15306-15326. POOR PERSONS. Answer denying liability for medical service rendered to pauper, 15336. Application, complaint or petition, 15338-15340. Application or petition to remove, 15359-15361. Bond of receiver, 15349. Citation on suggestion, 15342. Citation to absconding husband, 15346. Civil action, 15374, 15375. Commission to receiver, 15348. Complaint, declaration or petition, 15330-15335. Confirmation of warrant, 15353. County against county, 15334. County against town, 15335. Criminal prosecution, 15376. Decree appointing receiver, 15347. Insane persons, relating to, 15334, 15335. Inventory and return, 15352. Notice of application to compel relatives to support pauper, 15337. Notice to remove, 15356, 15357. POOR PERSONS—Continued. Notice to show cause why pauper should not be removed, 15363. Order for support of pauper, 15343, 15344. Order of removal, 15364-15366. Overseer of the poor, 15338, 15339. Pauper, 15430. Pauper has become chargeable, where, 15359-15361, 15364, 15368, 15369. Penalty, 15374. Petition for appointment of receiver, 15345. Petition for mandamus to compel place of settlement to receive pauper, Private person against town, 15332, 15333. Proceedings by indictment against officials for neglect of pauper, 15354, Proceedings for unlawfully bringing pauper into state or town, 15374-15376. Proceedings to compel relatives to support pauper, 15337-15344- Proceedings to recover for support of, or for services rendered to, pauper, Proceedings to relieve family by seizure of absconding husband's property, Relief of pauper until removal can be made, 15373. Removal, 15356-15372. Reply to notice to remove, 15358. Suggestion that other kindred be made co-defendants, 15341. Support rendered pauper by town, to recover for, 15375. Town against town, 15330, 15331. Warrant of removal, 15368-15371. Warrant of seizure, 15350, 15351. POSSE, REFUSAL TO JOIN - Cross-Reference. POSSESSION, WRIT OF. Chancery court, 15395. Execution against the body, 15391, 15392, 15412. Execution for costs, 15393, 15394. Foreclosure of mechanics' lien, 15396. Foreclosure of mortgage, 15397. In general, 15378-15395. Inquisition, 15405, 15408. Inquisition taken after, 15411. Issued as of course, where, 15377-15402. Issued subsequent to sale of premises on execution, where, 15403-15412. Notice to surrender possession, 15403. Order that writ issue, 15409. Order to show cause, 15404, 15406. Petition, 15404, 15405. Possession and damages, 15380-15390. Possession only, 15378, 15379. |