The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case, — and does not extend to a discovery of the manner in which the defendant's case is to be... The New South Wales Law Reports, 1880-1900 - Page 21by New South Wales. Supreme Court - 1890Full view - About this book
| India - 1883 - 724 lehte
...defendant to pledge his oath to the truth of his defence. With this (if a) qualification, the right of the plaintiff in equity to the benefit of the defendant's...not extend to a discovery of the manner in which, or of the evidence by means of which, the defendant's ease is to be established, or to any discovery... | |
| Walter Sydney Sichel, Walter Sichel, William Chance - 1883 - 452 lehte
...not be sufficient: Att.-Gen. v. Emerson <fr Another, sup rd citum,p. 100. At equity. The right of the plaintiff in equity to the benefit of the defendant's...relate to the plaintiff's case, and does not extend to the discovery of the manner in which the defendant's case is to- be established, or to the evidence... | |
| Clarence John Peile - 1883 - 334 lehte
...207. SECT. 3. — Of the objection that the discovery relates only to the opponents case or title (k). The right of a plaintiff in equity to the benefit of the de- CHAP. iv. fendant's oath, is limited to the discovery of such material Sect- 3' facts as relate... | |
| Henry Gilbert Rawson - 1884 - 362 lehte
...cause. Discovert, a widow ; a woman unmarried. of a plaintiff to this benefit as against a defendant is limited to a discovery of such material facts as relate to the "plaintiff's cnxc," and does not extend to a discovery of the manner in which the " defendant's case" is to be exclusively... | |
| Edward Bray - 1885 - 776 lehte
...in Wigram at p. 261 : the right of a plaintiff iu equity to the benefit of the defendant's oath in limited to a discovery of such material facts as relate to the plaintiff's case and dees not extend to a discovery of the manner in which the defendant's case is to be established or... | |
| Joseph Story - 1886 - 962 lehte
...rule oblige a defendant to pledge his oath to the truth of his defence. With this (if a) qualification the right of a plaintiff in equity to the benefit...discovery of such material facts as relate to the plaindiscovery, except of facts and deeds and writings necessary to his own title or under which he... | |
| 1927 - 1232 lehte
...principal upon which the cases proceed is that the right of a plaintiff in equity to the benefit of a defendant's oath is limited to a discovery of such...not extend to a discovery of the manner in which, or of the evidence by means of which, the defendant's case is to be established, or to any discovery... | |
| George Tucker Bispham - 1887 - 760 lehte
...754 et seg. ' This rule is embodied in Sir James Wigram's third proposition, which is as follows : " The right of a plaintiff in equity to the benefit...discovery of such material facts as relate to the plaintiff** case, and does not extend to a disvovery of the manner in which the defendant's case is... | |
| William Cox Cochran - 1888 - 352 lehte
...power. See Production; Inspection. The right of a plaintiff to this benefit, as against a defendant, is limited to a discovery of such material facts as...not extend to a discovery of the manner in which the defendants case is to be established, or to evidence which relates exclusively to his case. Discredit,... | |
| Duncan Mackenzie Kerly - 1890 - 328 lehte
...the benefit of the other party's oath is limited to a discovery of such facts as relate to his own case, and does not extend to a discovery of the manner in which the other party's case is to be established, or to the evidence which relates exclusively to it*. This... | |
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