Letters on Special Pleading: Being an Introduction to the Study of that Branch of the Law

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W. Benning, 1850 - Actions and defenses - 96 pages
 

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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 82 - 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 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.
Page 59 - 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.

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