Popular letters on special pleading

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1848 - 55 pages
 

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Page 36 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Page 46 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page 47 - Notice of this writ is to be served within (six) calendar months from the date thereof, including the day of such date, and not afterwards.
Page 19 - In the margin of every demurrer, before it is signed by counsel, some matter of law intended to be argued shall be stated ; and if any demurrer shall be delivered without such statement, or with a frivolous statement, it may be set aside as irregular by the Court or a Judge, and leave may be given to sign judgment as for want of a plea.
Page 19 - ... and in the margin thereof some substantial matter of law intended to be argued shall be stated ; and, if any demurrer shall be delivered without such statement, or with a frivolous statement, it may be set aside...
Page 34 - And this the plaintiff prays may be inquired of by the country, &c.
Page 39 - Hyde made his bill of exchange in writing, and directed the same to the defendant, and thereby required the defendant to pay to the order of him the said William Henry Hyde the sum of 651.
Page 37 - In order to bind a father, in point of law, for a debt incurred by his son, you must prove that he has contracted to be bound, just in the same manner as you would prove such a contract against any other person ; and it would bring the law into great uncertainty if it were permitted to juries to impose a liability in each particular case, according to their own feelings or prejudices.
Page 50 - It is immaterial whether the injury be wilful or not. As in the case alluded to by my brother Grose, where one shooting at butts for a trial of skill with the bow and arrow, the weapon then in use, in itself a lawful act and no unlawful purpose in view; yet, having accidentally wounded a man, it was holden to be a trespass, being an immediate injury from an act of force by another.
Page 53 - Actions on the case are founded on the common law, or upon acts of parliament, and lie generally to recover damages for lorls not committed with force, actual or implied...

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