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RESPONDEAT OUSTER

Upon an issue in law arising upon a dilatory plea, the form of judgment for the plaintiff is that the defendant answer over, which is thence called a judgment of “respondeat ouster.” This not being a final judgment, the pleading is resumed, and the action proceeds. Steph. PL 115; 3 Bl. Comm. 303; Bauer v. Roth, 4 Rawle (Pa.) 9L . Respondeat raptor, qui ignorare nom potuit quod pupillum alienum abdunit Uob. 99. Let the ravlsher answer, for he cannot be ignorant that he baa taken away another’s ward. Respondeat superior. Let the master answer. This maxim means that a master is liable in certain cases for the wrongful acta of his servant, and a principal for those of his agent.

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