New assignment

Under the common-law practice, where the declaration in an action is ambiguous, and the defendant pleads facis which are literally an answer to it, but not to the real clnim set up by the plaintiff, the plaintiff's course is to reply by way of new assignment; i. e., allege that he brought his action not for the cause supposed by the defendant, but for some other cause to which the plea has no application.

3 Steph. Comm. 507; Sweet. See Bishop v. Travis, 51 Minn. 183, 53 N. W. 461.