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.

A re-statement 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; Troup v. Smith’s Ex’rs, 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 Wms. Saund. 299 b. 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. There may be several new assignments in the course of the same action; 1 Chitty, PI. 614. A plaintiff may reply to a part, of the plea and also make a new assignment. A new assignment is said to be in the nature of a nev. declaration; 1 Saund. 299 c; but is more properly considered as a repetition of the declaration; 1 Chit. PI. 602; the true ground of complaint, aa being different from that which is covered by the plea. Being in the nature of a new or repeated declaration, it is, consequently, to be framed with as much certainty or specification of circumstances as the declaration itself. In some cases, indeed, it should be oven more particular; Gould, PI. 330 n.; Bac. Abr. Trespass (I 4, 2); 1 Chit. PI. 610. See 3 Bla. Com. 311; Archb. Civ. PI. 2S6. In England, under the ‘Judicature Act, 1875, Ord. xix. r. 14, no new assignment is necessary or is to be used; but everything which has heretofore been alleged by way of new assignment is to be introduced by way of amendment of the statement of claim; Whart. Diet.

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.

Defined under New in Black's Law Dictionary.

A restatement of the cause of action alleged in the declaration, in order precisely to meet the plea which is evasive, or applies to a matter different from that which the plaintiff bad in view. New for old: a term in the law of marine insurance applied to a deduction for old materials made in the adjustment of a loss. New trial: a rehearing of a case, after verdict, before another jury, granted on motion of a dissatisfied party, for misconduct of the jury, irregularity, etc.~

Under the common law practice, where the declaration in an action is ambiguous, and the defendant pleads facts which are literally an answer to {t, but not to the real claim set up by the plaintiff, the plaintiff's course is to reply by way of new assignment; @. ¢., allege tnat 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.