The Common Law Procedure Act: With Numerous Notes, Explanatory of Its Practical Effect, as to Process, Practice, and Pleading; and an Introductory Essay ...V. & R. Stevens and G.S. Norton, 1852 - 484 pages |
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Page 12
... issue ( c ) . He could put nothing to the proof without pleading in denial of it , and if he denied it in toto he failed , if he only disproved it in part ( d ) . horse sold , it is no plea to say he did not buy , for he could wage his ...
... issue ( c ) . He could put nothing to the proof without pleading in denial of it , and if he denied it in toto he failed , if he only disproved it in part ( d ) . horse sold , it is no plea to say he did not buy , for he could wage his ...
Page 12
... issue raised was whether defendant had really title , the plaintiff was not permitted to go into the value ( 27 Hen . VIII . M. 19 ) . So upon non assumpsit , the promise only was in issue . ( b ) In trespass , the defendant said not ...
... issue raised was whether defendant had really title , the plaintiff was not permitted to go into the value ( 27 Hen . VIII . M. 19 ) . So upon non assumpsit , the promise only was in issue . ( b ) In trespass , the defendant said not ...
Page 12
... issue immaterial , or not shown to be material ( 9 Hen . VI . 11 ) . So he could not plead so that it was doubtful whether he took from plaintiff or not ( 9 Hen . VI . 11 ) . ( b ) Thus where in account the plea stated facts amounting ...
... issue immaterial , or not shown to be material ( 9 Hen . VI . 11 ) . So he could not plead so that it was doubtful whether he took from plaintiff or not ( 9 Hen . VI . 11 ) . ( b ) Thus where in account the plea stated facts amounting ...
Page 25
... issue the substance of the defence , and was not compelled to embarrass himself with matter not of its substance ( b ) , nor to state a special answer to what he was prepared to deny was in substance untrue ( c ) , and it mattered not ...
... issue the substance of the defence , and was not compelled to embarrass himself with matter not of its substance ( b ) , nor to state a special answer to what he was prepared to deny was in substance untrue ( c ) , and it mattered not ...
Page 26
... issue upon it , and was not permitted to practise equivocation or evasion ( 6 ) . On the other hand , where the matter was properly within his own knowledge , or to which justice obviously required that he should answer , he was not ...
... issue upon it , and was not permitted to practise equivocation or evasion ( 6 ) . On the other hand , where the matter was properly within his own knowledge , or to which justice obviously required that he should answer , he was not ...
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Common terms and phrases
abatement admitted affidavit alleged allowed amendment ancient appear apply arrest of judgment assumpsit attorney averment bail Barrister-at-Law Bing bond breach cause of action claimant clause commencement common law concurrent writ contract costs count court or judge covenant debt deed default defendant pleaded defendant's delivered demurrer deny detinue Dowl ejectment Eliz entitled Exch execution facts fendant held bad indebitatus indorsed issue joinder justice lease ment nisi prius non est factum notice of trial objection paid party payment performance person plaintiff declared plaintiff in error plea plea in abatement possession practice principles of pleading proceedings proof prove recover reign replication respect rule Salk scire facias sheriff special jury statute statute of Anne substance sufficient suit system of pleading tenant term thereof tiff tion traverse trespass usury verdict writ of summons Yelv
Popular passages
Page 263 - Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except...
Page 194 - Court may be entered for such sum as shall be so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed by proceedings in error.
Page 280 - ... cause why damages in such action should not be assessed and recovered by him or them ; and if such defendant, his executors or administrators, shall appear at the return of such writ, and not...
Page 268 - ... may also levy the poundage fees and expenses of the execution over and above the sum recovered by the judgment.
Page 337 - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.
Page 336 - We command you, that within [here insert a sufficient number of days within which the defendant might appear, with reference to the distance he may be at from England] days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page 316 - ... ejectment shall not be for the recovery of any messuage, then upon some notorious place of the lands, tenements or hereditaments, comprised in such...
Page 317 - ... was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due, and that the lessor...
Page 269 - And the writ shall in such case be renewed by being marked with a seal bearing the date of the day, month, and year of such renewal ; such seal to be provided and kept for that purpose at the proper office, and to be impressed upon the writ by the proper officer, upon delivery to him by the plaintiff or his solicitor of a memorandum in Form No.
Page 326 - ... whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the...