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" ... in the same manner as if the action had been brought by and in the name of the deceased. "
An Abridgment of the Law of Nisi Prius ... - Σελίδα 239
των William Selwyn - 1812 - 1250 σελίδες
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Term reports in the Court of King's Bench

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...Bottomley v. Brooke, where the Court suffered the defendant to set off a debt due from Mrs. Chancel/or in the same manner as if the action had been brought by her. The only difference between that case and this is, that there the plaintiff himself was not originally...

A Digest of the Laws of England, Τόμος 6

Sir John Comyns, Anthony Hammond, Thomas Day - 1825
...trustee on the bond, the court permitted the defendant to set off a debt due from the cestuique littst, in the same manner as if the action had been brought by him, 1 TR C23. The whole penalty of a bond cannot be set off. (And Qu. Whether under a penalty of a...

The revised statutes of the state of New-York: passed during the years one ...

New York (State) - 1829
...belonging to the defend- £'(fcutor"' ant at the time of their death, may be set off by the defendant in the same manner as if the action had been brought by and in the name of the deceased. § 24. Whenever a set-off is established in a suit brought by execu-...

The Revised Statutes of the State of New-York: Passed During the ..., Τόμος 2

New York (State) - 1829
...existing against their testators or intestates, and belonging to the defendant at the time of their death, any female under the age m«lo< under " r * e \ ijfour and in the name of the deceased. «^i'™o * $ 56. Whenever a set-off is established in a suit brought...

Statutes of the Territory of Wisconsin: Passed by the Legislative Assembly ...

Wisconsin - 1839 - 457 σελίδες
...belonging to the de- ^™ndstexfendant at the time of their death, may be set off by the defendant «utors. in the same manner as if the action had been brought by and in the name of the deceased. <5 7. Whenever a set-off is established in a suit brought, by execu-...

A treatise on the civil jurisdiction of justices of the peace in ..., Τόμος 2

Esek Cowen - 1841
...existing against their testators or intestates, and belonging to the defendant at the time of their death, in the same manner as if the action had been brought by and in the name of the deceased. But if the demand against the testator or intestate did not, at the...

The Law Magazine, Or, Quarterly Review of Jurisprudence

1842
...Bottomley v. Brooke, where the Court suffered the defendant to set off a debt due from Mrs. Chancellor, in the same manner as if the action had been brought by her." Thus assignments of this nature have gradually been recognized in courts of common law. With...

Public and Local Acts of the Legislature of the State of Michigan

Michigan - 1846
...to the tie- by executor,, *o femndant at tine time of their dentin, may be set offby the defendant in the same manner as if the action had been brought by and in the name of the deceased. SEC. 31. When a set-off is established in a suit brought by execu-...

Reports of Cases Argued and Determined in the Court of Chancery of ..., Τόμος 3

New York (State). Court of Chancery, Oliver Lorenzo Barbour - 1849
...intestates, and belonging to the defendant at the time of their deaths, may be set off, by the defendant, in the same manner as if the action had been brought by, and in the name of, the deceased. (2 RS 355, §§ 23, 37, of 2d ed.) To entitle the defendant to an...

The justice of the peace: designed to be a guide to justices of ..., Τόμος 1828

Benjamin Kingsbury - 1852 - 407 σελίδες
...testators or intestates, which belonged to the defendant at the time of their death, may be set-off in the same manner as if the action had been brought by the deceased. In this latter case, if a balance is found due the defendant, the judgment therefor shall...




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