Quae Est Eadem

Quae Est Eadem, ^* pleading. Which is the same.

2. When the defendant in trespass justifies, that the trespass justified in the plea is the same as that complained of in the declaration; this clause is called quae est eadem. Gould. Pl. c. 3, s. 79, 80.

3. The form is as follows: "which are the same assaullting, heating and ill-treating, the said John, in the said declaration mentioned, and whereof the said John hath above thereof complained against the said James." Vide 1 Saund. 14, 208, n. 2; 2 Id. 5 a, n. 3; Archb. Civ. Pl. 217.

^* From Bouvier's Law Dictionary, 1856 Edition. Please see Bouvier's Legal Abbreviations & Abbreviated References for help with obscure nomenclature & references.