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" In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... "
A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions - Page 173
by John Frederick Archbold - 1838 - 648 pages
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - Court rules - 1835 - 1150 pages
...aloidan" to those which show the transaction to be either void or voidable in |£'i":cla"Jr Plea(l' point of law, on the ground of fraud or otherwise, shall be specially pleaded. Ex. gr. infancy, coverture, release, payment, perform- gnlimer,te(1. ance, illegality of consideration...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 1835 - 944 pages
...Pleadings in Particular Actions, it was ordered, that, in every species of assumpsit, all matters that shew the transaction to be either void or voidable in point of law, shall be specially pleaded (a). Thomas, contrd. — The plaintiff not having complied, with the statutable...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 1836 - 850 pages
...the 55 Geo. 3, c. 194, s. 21. The words of the pleading, rule 3, under the head of assumpsit, were, " in every species of assumpsit, all matters in confession...of fraud or otherwise, shall be specially pleaded (a)." The meaning of that rule clearly was, that all matters which shewed the transaction to be essentially...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 2

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1836 - 856 pages
...bottomry bond was so negotiated as to alter the debt arising from the lending, the rule prescribes that " in every species of assumpsit, all matters in confession...of fraud or otherwise, shall be specially pleaded." And again, " in an action of indebitatus assumpsit, for goods sold and delivered, the plea of non assumpsit...
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Reports of Argued and Determined in the Courts of Exchequer and ..., Volume 2

Great Britain. Court of Exchequer - Law reports, digests, etc - 1836 - 816 pages
...from which the promise or contract alleged may be ODDY. implied by law. It then proceeds, (s. 3) that in every species of assumpsit all matters in confession...discharge, but those which shew the transaction to be void or voidable -in point of law, on the ground of fraud or otherwise, shall be specially pleaded....
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1836 - 900 pages
...including not only Cl.ANCV Assumpsit, s. 3 (a): " In every species of assumpsit, all again* . Piooora. those by way of discharge, but those which shew the...to be either void or voidable in point of law,"— " shall be specially pleaded. Ex. gr.: infancy — coverture — release — payment — performance...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 1

Great Britain. Court of Common Pleas, Sir William Hodges - Law reports, digests, etc - 1836 - 508 pages
...but not of the breach." Per Curium. — The third example is more in point with the present case. " All matters in confession and avoidance, including not only those by way of discharge, but these which shew the transaction to be either void or voidable in point of law, on the ground of fraud,...
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A Practical Treatise of the Law of Vendors and Purchasers of Chattels ...

Thomas Charles Morton - Vendors and purchasers - 1836 - 526 pages
...denial of the sale and delivery in point of fact." " In every species of assumpsit, all matters of confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law on the ground of fraud or otherwise,...
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Reports of Cases, Determined at Nisi Prius, in the Courts of King's Bench ...

Great Britain. Courts, William Moody, Frederic Robinson - Law reports, digests, etc - 1837 - 660 pages
...specially, as in actions of assumpsit;" and the Rule I. No. 3. directs, that in that form of action, " all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded." 1834. The learned Judge, afterwards, in summing up the case, left it to the Jury to say, whether the...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - Civil procedure - 1837 - 942 pages
...every species of assuinpsil, it is declared by another statutory ,i>sumj> , ^^ ^ pleading •, that " all matters in confession and avoidance, including...point of law, on the ground of fraud or otherwise b , shall be specially pleaded : Ex. gr. infancy, coverture, release, payment, performance, illegality...
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