 | Law - 1854 - 570 pages
...and no other defence than such denial shall be admissible under that plea. 1C. In actions for torts, the plea of not guilty shall operate as a denial only...than such denial shall be admissible under that plea ; all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration.... | |
 | Law - 1854 - 836 pages
...declaration, and plead specially in confession and avoidance." Again, will' respect to actions on the case, " the plea of 'not guilty,' shall operate as...defendant, and not of the facts stated in the inducement." " In actions of trespass, quarc clausumj régit, the plea of ' not guilty,' shall operate as a denial... | |
 | George Atkinson - Bailiffs - 1854 - 360 pages
...and kept him there imprisoned for hours. Hit. T. IK.').'!, it is provided that " in actions for torts the plea of Not Guilty shall operate as a denial only...the defendant, and not of the facts stated in the indictment, and no other defence than such denial shall be admissible under that plea; all other pleas... | |
 | Great Britain. Courts - Law reports, digests, etc - 1854 - 814 pages
...not be a denial of " facts stated in the inducement," which words explain and limit the preceding, " denial only of the breach of duty, or wrongful act alleged to have been committed by the defendant." [PATTESON, J. You should take all together : what do you say of the second rule (5 B. & Ad. ix.) as... | |
 | Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...therein. In actions on the case, the plea of not guilty is now restricted in its effect to a mere denial of the breach of duty, or wrongful act, alleged to have been committed by 1 3 & 4 W. 4, c. 42. 2 See Regulse Generates, Hil. T. 1834 ; 10 Bing. 453-475. the defendant, and not... | |
 | John Ogilvie - English language - 1855 - 434 pages
...a denial of the trespasses alleged, and no more. In trespasses on the case, it operates as a denial of the breach of duty, or wrongful act alleged to have been committed by the defendants. In criminal proceedings both in England and Scotland, the plea of not yuilty is the proper... | |
 | William Francis Finlason - Civil procedure - 1855 - 668 pages
...shall be admissible uni; that plea (/>). 16. In actions for torts, the plea of not guilty shall opera: as a denial only of the breach of duty or wrongful act alleg*d to have been committed by the defendant, and not of the instated in the inducement, and no... | |
 | John Pitt Taylor - Evidence (Law) - 1858 - 898 pages
...denial of the detention of the goods by the defendant, but not of the plaintiff's property therein; and no other defence than such denial shall be admissible under that plea."3 The word " detain," as used in a declaration in detinue, means that the defendant withholds... | |
 | Edmund Powell - Evidence (Law) - 1859 - 540 pages
...specially, and cannot prove any such right under the general issue.4 2. Torts. " In actions for torts the plea of not guilty shall operate as a denial only...than such denial shall be admissible under that plea; all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration.... | |
 | Nova Scotia - Law - 1859 - 846 pages
...independant of contract a plea that the defendant did not do which is complained of by the plaintiff, shall operate as a denial only of the breach of duty,...inducement, and no other defence than such denial shall be admissable under that plea. All other pleas in denial shall take issue on some particular matter of... | |
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In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement... 
