 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1840 - 796 pages
...Then when the language of the new rule is considered, that " all matters in confession and avoidance, not only those by way of discharge, but those which...shew the transaction to be either void or voidable (/)," shall be specially pleaded, it seems impossible to contend that this case does not come within... | |
 | William Blackstone, John Bethune Bayly - Law - 1840 - 764 pages
...must be specially pleaded, as in actions of assumpsit. In every species of assumpsit all matters m 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,... | |
 | sir Peter Stafford Carey - 1841 - 112 pages
...confession and but those which show the transaction to be either void or void- pieaded^ne-116 able in point of law, on the ground of fraud or otherwise, shall daily. be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, illegality... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1842 - 1056 pages
...offered to the said JB Wathen to pay him a just and reasonable sum in satis1841. FlLMER 1). BURNBY(n) " In every species of assumpsit. all matters in confession...of fraud or otherwise, shall be specially pleaded. Ex. gr. infancy, coverture, release, payment, performance, illegality of consideration, — either... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1842 - 1050 pages
...proposed and offered to the said JB Wathen to pay him a just and reasonable sum in satis54,5 1841. (a) "In every species of assumpsit, all matters in confession...of fraud or otherwise, shall be specially pleaded. Ex. gr. infancy, coverture, release, payment, performance, illegality of consideration, — either... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1842 - 830 pages
...Hilary Term, 4 Will. 4, 1., 3, providing, that, "in every •specie? of assumpsit, all matters 1841. in confession and avoidance, including not only those...of fraud or otherwise, shall be specially pleaded." There, however, it is to be observed that the plea admits the cause of action as laid in the declaration... | |
 | Thomas Starkie - Evidence (Law) - 1842 - 1186 pages
...presenting, or notice of dishonour of the hill Rules of or note (d). Court3. In every species of attaanpgit, 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 (e) or... | |
| |
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... 
