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CONSENT RULE
(bouvier) | CONSENT RULE. In the English practice, still adhered to in some of the
states of the American Union, the defendant in ejectment is required to
enter on record that he confesses the lease, entry, and ouster of the
plaintiff; this is called the consent rule.
2. The consent rule contains the following particulars, namely: 1. The
person appearing consents to be made defendant instead of the casual
ejector; 2. To appear at the suit of the plaintiff; and, if the proceedings
are by bill, to file common bail; 3. To receive a declaration in ejectment,
and plead not guilty; 4. At the trial of the case to confess lease, entry,
and ouster, and insist upon his title only; 5. That if at the trial, the
party appearing shall not confess lease, entry, and ouster, whereby the
plaintiff shall not be able to prosecute his suit, such party shall pay to
the plaintiff the costs of the @nonpros, and suffer judgment to be entered
against the casual ejector; 6. That if a verdict shall be given for the
defendant, or the plaintiff shall not prosecute his suit for any other cause
than the non-confession of lease, entry, and ouster, the lessor of the
plaintiff shall pay costs to the defendant; 7. When the landlord appears
alone, that the plaintiff shall be at liberty to sign judgment immediately
against the casual ejector, but that execution shall be stayed until the
court shall further order. Adams, Ej. 233, 234 and for a form see Ad. Ej.
Appx. No. 25. Vide 2 Cowen, 442; 4 John. R. 311; Caines' Cas. 102; 12 Wend.
105, 3 Cowen, 356; 6 Cowen, 587; 1 Cowen, 166; and Casual Ejector;
Ejectment.
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