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1 N.C. 736

Climson v. . Poole

Court of King's Bench

Decided July 5, 1793

Court of King's Bench · decided 1793-07-05

Decided 1793-07-05

¶11. The variance: he did not disturb the ingress of the *plaintiff without saying liberum ingressum, which is not a good plea.

¶22. In the replication, clausit exteriores januas, without saying that he could enter nowhere else. *737 This shall be shown by the plaintiff, for it is alleged that he could not enter freely; as to the other part the defendant (plaintiff, I suppose) ought to show a request to open the doors, for otherwise there is no breach. Therefore, the bar and replication are both bad.

¶3Therefore there ought to be a repleader.

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