[Or, defendant alleges that on the occasion mentioned in the complaint defendant was possessed of a dwelling-house; [describe the dwelling-house] and while defendant was so possessed of said dwelling-house, plaintiff was in said dwelling-house and was making a great noise and disturbance therein against the will of the defendant; and defendant thereupon requested plaintiff to cease from doing so, and to leave defendant's said dwelling-house, but the plaintiff refused so to do; and thereupon defendant gently laid his hands upon plaintiff to remove him from defendant's said dwelling-house, and in so doing used no more force than was necessary for that purpose; and the acts of the defendant above mentioned are the same of which the plaintiff complains in his complaint in this action;]

in

[Or, that on the occasion of the supposed grievances alleged in the complaint the defendant was, and had been for more than months next before that occasion, the owner and in possession of certain real estate situate in the county of this state, described as follows, namely: [describe the real estate] and while the defendant was so the owner and in possession of said real estate, plaintiff on the occasion mentioned in the complaint, and without any right to do so, went on a portion of said real estate described as follows, [describe said real estate] and attempted to take possession of said portion of said real estate and to oust defendant therefrom [or committed trespass thereon, or attempted to commit trespass thereon] [state what such trespass or attempted trespass was] and thereupon defendant requested plaintiff to leave said premises, but plaintiff refused to do so, and thereupon defendant laid hands upon the plaintiff to force [and did force] him to leave said premises; and defendant used no more force than was necessary to accomplish such purpose; and said acts of the defendant are the same of which plaintiff complains in his complaint in this action;]

[Or, that the crime of

day of

[state the crime] a felony, had been committed in the county of in this state, on or .about the and defendant was informed by [or knew] that [state the facts which would be reasonable cause for believing that plaintiff had committed the felony] and defendant believing therefrom that plaintiff had committed said felony, arrested said plaintiff and informed him of the cause of the arrest,

Esq., a justice of the

and took him immediately before peace of said county of who was the most accessible magistrate, and caused an information charging plaintiff with the commission of said crime, with very little, and without any unnecessary delay, to be laid before said magistrate; and said acts of defendant are the supposed grievances complained of in this action:]

[Or, that at, and immediately before the times mentioned in the complaint the defendant was a constable of, in the county of -, in this state; [or other peace officer, stating what] and he then was informed by that a felony had been committed, namely: [state the felony and the grounds of . suspicion of plaintiff] and thereupon believing such information to be true, and acting thereon, he, as such officer, arrested the plaintiff and took him immediately before

of the peace of, in the county of

Esq., a justice in this state,

who was the most accessible magistrate; and defendant caused with little and with no unnecessary delay, an information charging plaintiff with having committed said crime, to be laid before said magistrate; and the above mentioned acts of this defendant are the same acts of which the plaintiff complains in this action;] [Or, that before, and at the time of the committing of the supposed grievances alleged in the complaint, this defendant was a constable of the township of — in the county of in this state, and one

was a justice of the peace of the same township; and said justice of the peace on the - day of

issued a warrant for the arrest of plaintiff for the crime of larceny, directed to any constable in said county, and such warrant was delivered to this defendant as such constable to be executed; and as commanded by said warrant, defendant, as such constable, arrested plaintiff and took him forthwith before said justice of the peace, there to answer said charge of larceny; and said acts of this defendant are the same acts of which the plaintiff complains as a grievance in his complaint ;]

Defendant denies that plaintiff has sustained damage in the sum of dollars, and denies that plaintiff has sustained any damage whatever.

WHEREFORE defendant demands judgment that plaintiff take

nothing by this action, and that defendant recover his costs of suit.

I J,

Attorney for Defendant.

The answer should also contain other proper denials of facts alleged in the complaint which are untrue.

FORM NO. 153.

DEFENSES IN ACTIONS TO RECOVER THE POSSESSION OF PERSONAL PROPERTY.

[Name of Court.]

[Insert proper denials and then answer as follows, namely:] The defendant further answering the complaint in this action, and for a defense thereto, alleges that at the several times mentioned in the complaint, defendant was and he is the owner of an undivided one-half of the goods and chattels mentioned and described in the complaint, and was in the possession of the whole thereof; and the plaintiff was not at said times, or at any of them, and is not, the owner of said goods and chattels, or of any part thereof, or of any interest therein, and was not and is not entitled to the possession thereof;

That said goods and chattels were not at the commencement of this action, and have not been since, of the value of - dollars, or of any greater value than dollars;

That in proceedings under the provisional remedy of claim and delivery in this action, said goods and chattels were taken by the sheriff of said county of from the possession of the defendant in this action, and were delivered to the plaintiff, who has ever since unlawfully withheld from the defendant the possession of the same, to defendant's damage, defendant denies that plaintiff has sustained age, or any damage whatever.

dollars; and

dollars' dam

WHEREFORE defendant demands judgment that plaintiff take nothing by this action, and that defendant have judgment against plaintiff for the recovery of the chattels, or for the sum of

possession of said goods and

dollars, the value thereof, in

case a delivery of such possession cannot be had; for the sum of

dollars, defendant's damages for the detention thereof; and

for defendant's costs of this action.

I J,

Attorney for Defendant.

If the defendant was the owner and was entitled to the possession of the whole of the property sued for, the answer should in connection with proper denials, state such facts.

If in an action which contains an allegation, and the defendant has no information or belief on the subject sufficient to enable him to answer the allegation, and the complaint be verified, he may answer such allegation as follows:

The defendant alleges and states that he has no information or belief upon the subject sufficient to enable him to answer the allegation in the complaint that (state the allegation); and placing his denial upon that ground, he denies said allegation and each and every part thereof.

If plaintiff alleges damage in his complaint, such allegation should be denied if the plaintiff is not, under the facts, entitled to damages.

FORM NO. 154.

DEFENSE IN THE ACTION WHEN THE DEFENDANT HAS A LIEN ON THE GOODS FOR STORAGE OR FREIGHT.

[Name of Court.]

The defendant answering the complaint in this action, alleges, that on the - day of, and before this action, the plaintiff deposited the goods and chattels mentioned in the complaint with the defendant, and defendant received the same from plaintiff for storage; [or, that the defendant is a common carrier for hire, and plaintiff delivered the goods and chattels mentioned in the complaint to defendant, and defendant received the same from plaintiff to be carried by defendant from to- -] and plaintiff agreed to pay to the defendant for such storage [or such transportation] a fair and reasonable price, which is dollars, [or agreed to pay to the defendant for such storage [or transportation] dollars] on the redelivery of said goods and chattels to plaintiff; and that defendant has duly performed all the conditions of said contract on his part, and was and still is able, ready and willing, and has offered to redeliver said goods and chattels to plaintiff on his payment to defendant of said sum of dollars for such storage [or transportation]; but the plaintiff has not paid nor offered to pay, nor tendered said money, nor any part thereof, to defendant, and

the same is wholly unpaid, and therefore defendant detained and still detains said goods and chattels, because of the failure of plaintiff to pay said sum for such storage [or such transportation] thereof, and defendant denies that plaintiff has sustained damage in the sum of dollars, or any damage whatever.

WHEREFORE defendant demands judgment that plaintiff take nothing by this action, and that defendant have and recover from plaintiff the defendant's costs in this action.

I J,

Attorney for Defendant.

FORM NO. 155.

DEFENSE OF A LIEN OF DEFENDANT FOR THE MANUFACTURE OF GOODS SUED FOR.

[Name of Court.]

Defendant answering the complaint in this action alleges that defendant is a mechanic and manufacturer, and that as such he made and manufactured said goods and chattels mentioned in the complaint for the plaintiff under a contract with the plaintiff, and that plaintiff would, when the same were completed for the plaintiff, ready for delivery, pay defendant therefor the sum of

dollars; and said sum is a reasonable sum for the work, skill and materials furnished by the defendant in and about the manufacturing of the same; that the defendant has duly performed all the conditions of said contract on his part, but the plaintiff never paid or tendered to the defendant said sum of

dollars, nor any part thereof, and the same is due and wholly unpaid, and the defendant had and has a lien on said goods and chattels as security for the payment to defendant of said sum of dollars for said making and manufacturing of the same; and the defendant detained and detains said goods and chattels from the plaintiff by reason of defendant's aforesaid lien thereon, and defendant denies that plaintiff has sustained damage in the sum of dollars, or any damage whatever.

WHEREFORE defendant demands judgment that plaintiff take