 | 1839 - 860 σελίδες
...nonassumpsit shall be inadmissible" (I) ; and " in every species of assumpsit all matters in confession and avoidance including not only those by way of discharge,...infancy, coverture, release, payment, performance, &c." In considering the operation of the plea of non-assumpsit — subsequent to these rules coming... | |
 | Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1839 - 998 σελίδες
...demurrer. The new rules further order, that " In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to 1836. HAYSELDEN v. STAFF. 1836. be either void or voidable in point of law, on the ground of ^*v"*"^... | |
 | Joseph Chitty, Tompson Chitty - 1839 - 564 σελίδες
...which, according to the New Rules, require to be specially pleaded ; viz. 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.... | |
 | Cuthbert William Johnson - 1839 - 258 σελίδες
...notice of dishonour of the bill or note. 3. In every species of assumpit, 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,... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1839 - 770 σελίδες
...arises from matter of fact only, and operates as a discharge from the contract rather than as shewing the transaction to be either void or voidable in point of law, because the transaction itself, which is the original, was neither void nor voidable in point of law.... | |
 | Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - 706 σελίδες
...the proposition laid down in the first. " In every species of assumpsit, all matters in confession and avoidance, including not only those by way of...payment, performance, illegality of consideration, cither by statute or common law ;" here we may stop ; for it seems to me impossible not to see that... | |
 | John Collyer - 1840 - 1016 σελίδες
...avoidance, both in «*sumpsit and debt, must be specially pleaded ; that is to say, not only matters by way of discharge, but those which shew the transaction...point of law, on the ground of fraud or otherwise; as, for instance, infancy, coverture, release, payment, performance, illegality of consideration, drawing,... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1840 - 796 σελίδες
...Then when the language of the new rule is considered, that " all matters in confession and avoidance, not only those by way of discharge, but those which...shew the transaction to be either void or voidable (/)," shall be specially pleaded, it seems impossible to contend that this case does not come within... | |
 | Great Britain. Court of King's Bench - 1840 - 796 σελίδες
...Then when the language of the new rule is considered, that " all matters in confession and avoidance, not only those by way of discharge, but those which...shew the transaction to be either void or voidable (/)," shall be specially pleaded, it seems impossible to contend that this case does not come within... | |
 | William Blackstone, John Bethune Bayly - 1840 - 764 σελίδες
...specially pleaded, as in actions of assumpsit. In every species of assumpsit all matters m 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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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... 
