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Letters on Special Pleading, Being an Introduction to the Study of that ...
No preview available - 2017
Letters on Special Pleading: Being an Introduction to the Study of That ...
No preview available - 2019
according allegations amount answer appear application argument arrest avoidance bill bringing brought called cause certain charged claim coming commenced common complaint confession consideration contract counsel Court covenant damages debt decided decision declaration defect defendant delivered direct distinct edit effect entered error evidence fact final follows form of action give given ground hand hath hundred indorsed infant injury inquiry instance issue joined Judge judgment jury leave Letter liable manner matter means ment mentioned necessaries Nisi notice object observed opinion party plain plaintiff plea pleader practice present proceed proceedings promise question record referred relates replies Report respectively rule scrip seal shew special demurrer special pleading specified statement sufficient suit sum of money summons superior supplied suppose term thereof things tion trespass trial tried verdict whole writ written wrong
Page 51 - 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 66 - The principal rule as to the mode of stating the facts is, that they must be set forth with certainty, by which term is signified a clear and distinct statement of the facts which constitute the cause of action or ground of defense, so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give judgment.
Page 82 - 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 27 - 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 27 - ... 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 75 - Exchequer,] shall hereafter be made returnable only before the Judges, or Judges and Barons, as the case may be, of the other two Courts in the Exchequer Chamber, any law or statute to the contrary notwithstanding...
Page 94 - ... the doing what the defendant ought not to do ; and these respective torts are commonly the performance or omission of some act contrary to the general obligation of the law, or the particular rights or duties of the parties, or of some express or implied contract between them.
Page 86 - 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.