New Assignment - Definition - Law Dictionary Home Dictionary Definition new-assignment

Definition :

New assignment, a form of pleading which sometimes arose from the generality of the declaration, when, the complaint not having been set out with sufficient precision, it became necessary, from the evasiveness of the plea, to re-assign the cause of action with fresh particulars. It most frequently occurred in actions of trespass, as where two assaults had been committed, one of which was justifiable and the other indefensible; or in trespass quare clausum fregit, when the defendant claimed a right of way.

New assignment is now abolished, and it is provided that everything formerly alleged by way of new assignment is to be introduced byway of amendment of the statement of claim, R.S.C. 1883, Ord. XXIII., r. 6 (annulled by (English) R.S.C., July, 1902, r. 7). See Bullen and Leake's Pleadings, 9th ed., p. 574.