...to hear and determine the cause in a summary way, upon such evidence as shall h.- given, and s'lall give judgment according as the very right of the cause and matter in law shall appi-ar unto them, without regard to iorm, or want of form, in the process, petition, or course of...

...judgment, or on general demurrer, the statute declaring that in all cases, the judges shall proceed to give judgment, according as the very right of the cause and matter in law should appear to them, without regarding any imperfection omission or defect, in any declaration, &c....

...to try the issue first, if they wilL After demurrer joyncd in any court of record, the judges shall give judgment according as the very right of the cause and matter in law shall appeare, without regarding any want of forme in any writ, returne, plaint, declaration, or other pleading,...

...enacted, " that after demurrer joined and entered in any ac" tion or suit, in any court of record, the judges shall proceed '' and give judgment, according...right of the cause " and matter in law shall appear to them, without regarding " any imperfection, defect or want of form, in any writ, re" turn, plaint,...

...Ann. c. 16. directs, " that where any demurrer shall be joined and entered in any " action or suit in any court of record within this realm, the judges...very right of the " cause and matter in law shall аррсмг unto them, without regarding " any imperfection, omivsion, or defect, in any writ, return,...

...or want of form, but the said courts, respectively, shall proceed and give judgment according as the right of the cause, and matter in law, shall appear unto them, without regarding any imperfections, defects, or want of form in such writ, declaration, or other pleading, return, process,...

...after, &c. in the supreme judicial court. Surviving plaintiff may proceed against surviving defendant. the cause and matter in law shall appear unto them, without regarding any imperfections, defects or want of form, in such writ, declaration, or other pleadings, return, process,...

...material, as it was proved the execution was in fact against the town. and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects, or want of form in such writ," &c. except those specially pointed oul by demurrer;...

...164. (*) Co. Litt. 72. a. Reg. Plac. 125, 126. Bac. Ab. Pleas., &c. N.5. (y) Vide supm, pp. 61, 62. " cause and matter in law shall appear unto them, " without regarding any imperfection, omission, de" feet, or want of form, except those only which the " party demurring shall specially and particularly...

...strictly appellate. It imports no more than ;i similar provision in the 25 dollar act, " that this Court shall proceed and give judgment, according as the very right of the case shall appear."(p) The alienation, the opening in (p) \ R. L the husband's life time and during...