 | Joseph Chitty - 1809 - 550 σελίδες
...This is no plea lo dubt on » ux> averment in pleading against the validity of a record, though In there may be against its operation, therefore no matter...pleaded which existed anterior to the recovery of the judgmenl,(rf) but the defendant may plead a release,(r) or that the debt was levied by a fi-fa.(f)... | |
 | Joseph Chitty - 1818 - 892 σελίδες
...questioned, in any action on the judgment, bur ny by writ of error. Nor can there be any allegation in pleading against the validity of a record, though there may be against its operation. Secondly. Specialties rank next in point of estimation. These, on account of the deliberate mode in... | |
 | Joseph Chitty - 1819 - 544 σελίδες
...(30). Vide Mill v. Suryet, 7 СгяпсЛ, 484. 2Y Iff дот. can be no averment in pleading agains: the validity of a record, though there may be against...existed anterior to the recovery of the judgment;/./ : '• " but the defendant may plead a release(f), or that the debt was levied by a fi. fa.(/) or elegit(f),... | |
 | Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1824 - 628 σελίδες
...there can be no averment in pleading against a record, though there may be against its operation, and therefore, no matter of defence can be pleaded, which existed anterior to the judgment. The second plea of the plaintiff in error, the defendant below, was nul tiel record, informally... | |
 | Joseph Chitty - 1826 - 710 σελίδες
...any action on the judgchange.&c. ment, but only by writ of "error. Nor can there be any allegation iu pleading against the validity of a record, though there may be against its operation. Secondly. Specialties rank next in point of estimation. These, on account of the deliberate mode in... | |
 | Charles Petersdorff - 1831 - 592 σελίδες
...record as staled, any matter in discharge must be pleaded such as payment; and, as it is a inasim in law that there can be no averment in pleading against the validity of u record, though there may be against its operation; therefore no mutter of defence снп be pleaded... | |
 | Alabama. Supreme Court, George Noble Stewart - 1832 - 558 σελίδες
...in bar, or may in some cases be given in evidence under the general issue. But the general rule is, that there can be no averment in pleading against...record, though there may be against its operation." The effect of these rules of decision is conceived to be, that where the proceedings appear to have... | |
 | Jacob D. Wheeler - 1836 - 644 σελίδες
...there can be no averment in pleading against a record, though there may be against its operation, and therefore no matter of defence can be pleaded which existed anterior to the judgment. 3. WITHERWAX v. AVERILL, Feb, T. 1827, 6 Cowen's NY Rep. 589; BOUCHER v. WILLIAMSON, 1 Dana's... | |
 | Great Britain. Court of King's Bench - 1836 - 258 σελίδες
...so recov^v"*-> vered as aforesaid ; and also for that it is a maxim in law, that no defence BAYLIS can be pleaded which existed anterior to the recovery of the judgment. HIYWARD Nevertheless the said plea sets up such a defence, the said Charles Martyr, Christopher Magnay,... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 σελίδες
...sufficient plea to a bond conditioned for any other act than the payment of money (n). It is a maxim in law, that there can be no averment in pleading against...no matter of defence can be pleaded * which existed ante- [*522 J <«) Say. 116. Of) See ante, 120; 4 B. & C. 411 ; 6 D. (4) 8 Geo. 2, c. 24, 8. 5 ; Bui.... | |
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But the general rule is, that there can be no averment in pleading against the validity of a record, though there may be against its operation. 
