A treatise on the principles of pleading in civil actions


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Seite 167 - With respect to the former case it is to be observed, that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect,...
Seite 63 - Chester is, and, from time whereof the memory of man is not to the contrary, hath been a...
Seite 7 - Edw. 1, c. 24, it was provided, " that as often as it shall happen in the chancery that in one case a writ is found, and in a like case (in consimili casu) falling under the same right, and requiring like remedy, no writ is to be found, the clerks of the chancery shall agree in making a writ, or adjourn the complaint till the next parliament, and write the cases in which they cannot agree, and refer them to the next parliament, &c.
Seite 396 - ... in that plea alleged, ought not to be barred from having and maintaining his aforesaid action thereof against the defendant, because he saith, that, the said defendant at the said time when, etc.
Seite 290 - ... it shall be lawful for any defendant, or tenant in any action or suit, or for any plaintiff in replevin, in any Court of record, with the leave of the Court, to plead as many several matters thereto as he shall think necessary for his defence...
Seite 249 - AB as for his costs and charges by him, about his suit in that behalf expended...
Seite 37 - AB, was seised of the tenements aforesaid, with the appurtenances in his demesne, as of fee and right in the time of peace, in the time of the Lord George the Third, late King of Great Britain, to wit, •within sixty years now last past, by taking the esplees thereof to the value, &c.
Seite 275 - This qualification of the rule against duplicity, applies not only to pleadings in confession and avoidance, but to traverses also; so that a man may deny as well as affirm, in pleading, any number of circumstances that together form but a single point or proposition.
Seite 166 - Where a matter is so essentially necessary to be proved, that had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by a verdict...
Seite 344 - The defendant pleaded that the plaintiff had been illegally, fraudulently, and dishonestly concerned and connected with, and was one of, a gang of swindlers and common informers, and had also been guilty of deceiving and defrauding divers persons, with whom he had had dealings and transactions, wherefore he printed and published, &c.

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