Precedents in Pleading: With Copious Notes on Practice, Pleading and Evidence, Volum 2

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G. and C. Merriam, 1839 - 858 sider
 

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Side 602 - ... claim may be defeated in any other way by which the same is now liable to be defeated...
Side 571 - OS of the one part, and the plaintiff of the other part, • the defendant OS, in consideration of the sum of 10,000?.
Side 669 - 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...
Side 497 - That each of the respective periods of years herein-before mentioned shall be deemed and taken to be the period next before some suit or action wherein the claim or matter to which such period may relate shall have been or shall be brought into question...
Side 509 - Rent and Services, shall, where such Right, Profit or Benefit shall have been actually taken and enjoyed by any Person claiming right thereto without interruption for the full period of Thirty Years...
Side 579 - ... yet the defendants, well knowing the premises, but contriving, and wrongfully and injuriously intending, to injure the plaintiff, and to deprive him of the profits...
Side 618 - Provided always, that no such rule or order shall have the effect of depriving any person of the power of pleading the general issue, and giving the special matter in evidence, in any case wherein he is now or hereafter shall be entitled to do so by virtue of any act of parliament now or hereafter to be in force.
Side 614 - ... not guilty will operate as a denial, only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house ; and will not operate as a denial of the plaintiff's occupation of the house. In an action on the case, for obstructing a right of way, such plea will operate as a denial of the obstruction only, and not of the plaintiff's right of way : and in an action for converting the plaintiff's goods, the conversion only, and not the plaintiffs title...
Side 497 - That, when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Side 614 - In an action of slander of the plaintiff in his office, profession, or trade, the plea of not guilty will operate to the same extent precisely as at present in denial of the fact of speaking the words, of speaking them maliciously, and in the sense imputed, and with reference to the plaintiff's office, profession, or trade ; but it will not operate as a denial of the fact of the plaintiff holding the office, or being of the profession or trade alleged.

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