| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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.... | |
| 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,... | |
| 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,... | |
| 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... | |
| 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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