 | Great Britain. Court of King's Bench - 1837 - 886 sider
...The rule of Hilary term, 4 Will. 4, r. 3, declares that the First point, plea of nunquam indebitatus shall have the same operation as the plea of non assumpsit in indebitatus assumpsit. Rule 1, of the same term, declares that "in all actions of assumpsit, except on bills of exchange and... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 sider
...extent a« non the same operation as the plea of non assumpsit in indebitatus anumpsit, and but manera all matters in confession and avoidance shall be pleaded specially, as above In avoidance ..,.-,.., u> be special, directed in actions of assumpml. Ij pleaded. 4. in other »4.... | |
 | William Tidd - 1837 - 720 sider
...contract, other than on bills of exchange and promissory notes, the plea of nunquam indebitatus has the same operation as the plea of non assumpsit in indebitatus assumpsit c . For wrongs. In actions for wrongs, independently of contract, the plaintiff must prove, on the... | |
 | Patrick Brady Leigh - 1838 - 774 sider
...ordered that in actions of debt on simple contract, other than on bills of exchange and '715 "promissory notes, the defendant may plead that he never was indebted...confession and avoidance shall be pleaded specially. In other actions of debt in which the plea of nil debet has hitherto been allowed, including those... | |
 | Patrick Brady Leigh - 1838 - 928 sider
...& 282. P. 545. Alderson. k M'Quilliu v. Cox, 1 H. Black. ' Watkius i . Morgan, 6 C. & P. promissory notes, the defendant may plead that he never was indebted...plea shall have the same operation as the plea of non atsumpsit in indebitatux assumpsil, and all matters in confession and avoidance shall be pleaded specially.... | |
 | William Selwyn - 1838 - 802 sider
...RGHT 4 W. 4, in actions of debt on simple contract, other than on bills of exchange !ind promissory notes, the defendant may plead, that " he never was...plea shall have the same operation as the plea of non-assumpsit in indebitatus assumpsit; and all matters in confession and avoidance shall be pleaded... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 sider
...debt. If the defendant had pleaded the plea substituted by the third clause of this section, viz., that " he never was indebted in manner and form as in the declaration alleged," there would have been no defence on the record, that plea having, in the language of the rule, "the... | |
 | John Frederick Archbold - 1838 - 682 sider
...In assumpsit, the general issue is non assumpsit: in debt on simple contract, " that the defendant never was indebted in manner and form as in the declaration alleged;" Reg. P1. H. 4 W. 4, II. s. 2 - r in debt on bond or other specialty, where the deed is the foundation... | |
 | William Selwyn - 1838 - 838 sider
...guilty,] will operate as a denial of the obstruction only, and not of the plaintiff's right of way ; and all matters in confession and avoidance shall be pleaded specially as in actions of assumpsit. Under the operation of the foregoing rules, " not guilty," pleaded to a declaration?... | |
 | George Atkinson - 1839 - 524 sider
...any action. 3. In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that " he never was...specially, as above directed, in actions of assumpsit. 4. In other actions of debt, in which the plea of " nil debet" has been hitherto allowed, including... | |
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In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that " he never was indebted in manner and form as in the declaration alleged... 
