New Assignment

A restatement of the cause of action by the plaintiff, with more particularity and certainty, but consistently with the general statement in the declaration. Steph. PI. 241; 20 Johns. (N. Y. 43. Its purpose is to avoid the effect of an evasive plea which apparently answers the declaration, though it does not really apply to the matter which the plaintiff had in view. 1 Wm. Saund. 299b, note 6. Thus, if a defendant has committed two assaults on the plaintiff, one of which is justifiable, and the other not, as the declaration may not distinguish one from the other, the defendant may justify, and the plaintiff, not being able either to traverse, demur, or confess and avoid, must make a new assignment.