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" In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... "
Reports of Cases Argued and Determined in the King's Bench Practice Court ... - Side 478
av Great Britain. Bail Court - 1842
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The Legal Observer, Or, Journal of Jurisprudence, Volum 7

1833 - 560 sider
...or making, or indorsing, or accepting, or presenting, or notice of dishonor of the bill or note. 3d, In every species of assumpsit, all matters in confession...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1837 - 972 sider
...the plea of non assumpsit is to operate as a denial of the sale and delivery in point of fact, and in every species of assumpsit, all matters in confession...point of law, on the ground of fraud or otherwise, must be •pecially pleaded. One of the general objects of these new rules was to compel a defendant...
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The American Jurist and Law Magazine, Volum 7

1832 - 504 sider
...shall be admissible, except a denial of the goods sold or money lent, &c. in point of fact ; and that in every species of assumpsit all matters in confession...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, shall be specially pleaded. ' In...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 sider
...by way of " 3 • • PLEADING. discharge, but those which shew the transaction to be in assumpsit, either void or voidable in point of law, on the ground...of ^ fraud or otherwise, shall be specially pleaded ; ex. gr. abidance to be * " pleaded speimancy, coverture, release, payment, performance, illega- ciaiiy....
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Reports of Cases Argued and Determined in the Court of Common ..., Volum 10

Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 652 sider
...presenting, or notice of dishonour of the bill or note. * ' ' • 3. In every species of nssumpsti, all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded. Ex. gr. Infancy — coverture— release — payment — performance — illegality of consideration,...
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The Principal Statutes and Rules of Court for Reform of the ..., Side 957

England, Great Britain - 1834 - 254 sider
...or making, or indorsing, or accepting or presenting, or notice of dishonour of the bill or note. 3d. In every species of assumpsit, all matters in confession...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,...
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The Legal Observer, Or, Journal of Jurisprudence, Volum 7

1834 - 576 sider
...accepting, or presenting, or notice of dishonor of the bill or note. 3d, In every species of assumpeit, all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law , on the ground of fraud or otherwise,,...
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Reports of Cases Argued and Determined in the Court of ..., Utgave 10,Volum 6

Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 sider
...refused. PATTESON, J. — The new rules of pleading, of HT 4 W. 4 (a), expressly say, that all matters which shew the transaction to be either void or voidable in point of law, must be pleaded ; and among the examples is mentioned, illegality of consideration, either by statute...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volum 4

Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1835 - 966 sider
...been given in evidence under the general issue ; for by the rule, ASSDMPSIT 3, it is ordered, that " in every species of assumpsit all matters in confession...of fraud or otherwise, shall be specially pleaded." Then is the interest intended to be conveyed by this instrument such as is capable of passing by parol...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volum 5

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1835 - 1232 sider
...dishonour of the bill or note. 3. In every species of assumpsit, all matters in confession and aradance, including not only those by way of discharge, but...of fraud or otherwise, shall be specially pleaded. Ex. gr. : Intactcoverture — release — payment — performance — illegality of consideration,...
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