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Qu Est Eadem

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

pleading. Which is the same. When the defendant in trespass justifies, and the matter of the plea is concluded, the trespass justified is the same as that complained of in the declaration; this clause is called qu@ est eadem. Gould, Pl. c.

3, s. 79, 80.

The form is as follows: ‘ which are the same assaulting, beating and ill treating, the said John, in the said _ declaration mentioned, and whereof} the said John hath above thereof! complained against the said James. 29 Vide 1 Saund. 14, 208, n.

2; 2 Ib. 5, a, n. 3; Archb. Civ. Pl. 217.