 | William Ballantine - Entail - 1829 - 652 pages
...declaration was subjoined a profcrt of the Letters of Administration ; Plea, that the causes of action did not accrue within six years before the commencement of the action. Replication, that the causes of action did accrue- within six. years, &c. Held, that the Statute of... | |
 | Joseph Kinnicut Angell - Limitation of actions - 1861 - 724 pages
...Jac. 1, c. 16, ยง 3, where a set-off is filed, the replication should be, that the cause of set-off did not accrue within six years before the commencement of the action, as the statnte is not a bar to a set-off unless the six years have expired before the action, in which... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1864 - 668 pages
...defendants say, that the said supposed causes of action, in the introductory part of this plea mentioned, did not accrue within six years before the commencement of the action. Well, 519 that is a truism, and the issue taken on it was this literally, TT 1863. Common Pleas whether... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 1510 pages
...statute would not operate as a bar. If the defendant in such a case had pleaded, that the cause of action did not accrue within six years before the commencement of the action, the plaintiff might reply lhat it did ; and the new promise would support the affirmation of the issue.... | |
 | William B. Wedgwood - Law - 1866 - 494 pages
...Limitations has expired, that fact is set forth in the answer, as follows : (Title.) (Commencement.) I. That the cause of action stated in the complaint did...accrue within six years before the commencement of this action. (Verification.) 7. When the defence is want of consideration, that fact is set forth in... | |
 | Anthony L. Robertson - Law reports, digests, etc - 1868 - 778 pages
...General denial. 2d. Payment in full as above stated. 3d. That the claims and demands of the plaintiffs did not accrue within six years before the commencement of the action. The referee gave judgment for the sum claimed, with interest, whereupon the defendants appealed. R.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1869 - 624 pages
...excepted. The defendant answered : 1. The general denial. 2. That the cause of action did notaccrue within six years before the commencement of the action or within six years before the death of the intestate, Stephen Reed. 3. Thatthccause of action did not accrue within fifteen years before the commencement... | |
 | Great Britain. Courts - Law reports, digests, etc - 1869 - 776 pages
...Plea, non assumpsit ; secondly, as to the counts on the first three bills, that the causes of action did not accrue within six years before the commencement of the action. Replication, that the causes of action did accrue within six years, &c. The cause was tried before... | |
 | New York (State). Superior Court (New York), James M. Sweeny - 1871 - 790 pages
...between the Mime parties, and for the same cause of action, and was still pending. He further alleged that the cause of action stated in the complaint did not accrue within three years before the commencement of the action. He further alleged that he had ceased to be a trustee... | |
| |
Those affirmative defenses are, first, that the cause of action stated in the complaint did not accrue within six years before the commencement of the action, or within six years before the death of the defendant's testator, said Henry E. 
