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" ... notwithstanding that such debts are deemed in law to be of a different nature, unless in cases where either of the said debts shall accrue by reason of a penalty contained in any bond or specialty, and in all cases where either the debt for which... "
A Digest of the Laws of England - Σελίδα 334
των Sir John Comyns - 1822
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1846 - 1124 σελίδες
...from the conelusion to which the court there came. The words of the statute of set-off(a) are, that, "in all cases where either the debt for which the...accrued, or shall accrue, by reason of any such penalty (b), the debt intended to be set off shall be pleaded in bar; in which plea shall be shewn how much...

Precedents in Pleading: With Copious Notes on Pleading, Practice ..., Τόμοι 1-2

Joseph Chitty - 1847 - 1002 σελίδες
...By s. 5, " mutual debts may be set off, notwithstanding that such debts are of a different nature, unless in cases where either of the said debts shall...reason of a penalty contained in any bond or specialty, where the debt intended to be set off shall be pleaded in bar, in which plea shall be shown how much...

Reports of Cases Argued and Determined in the Queen's Bench ..., Τόμος 7

Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - 1851 - 400 σελίδες
...Geo. 2, c. 24, s. 5, which recites the previous statute 2 Geo. ?, c. 22, s. 13, and enacts, that " in all cases where either the debt for which the action...accrued or shall accrue by reason of any such penalty," (ic, " a penalty contained (a) There were" other issues in the action, to which it becomes unnecessary...

The Law of Pleading and Evidence in Civil Actions: Arranged ..., Τόμος 2,Μέρος 2

John Simcoe Saunders - 1851 - 662 σελίδες
...such debts are deemed in law to be of a different nature, unless in cases where either of the [ *861 ] said debts shall accrue by reason of a penalty contained...bond or specialty, and in all cases where either the debts for which the action hath been or shall be brought, or the debt intended to be set against the...

A Treatise on Pleading and Parties to Actions: With Second and ..., Τόμος 1

Joseph Chitty - 1851 - 900 σελίδες
...manner therein mentioned, notwithstanding that such debts are deemed in law tobe of a different nature, unless in cases where either of the said debts shall accrue by reason of a penalti/ contained in any bond or specialty, and in all cases where either the debt for which the action...

The Common Law Reports: Reports of Cases Argued and Determined in ..., Τόμος 1

Great Britain. Courts - 1854 - 1124 σελίδες
...5. enacts amongst other things, " that in all cases, where either the debt for which the action is brought, or the debt intended to be set against the same, hath accrued by reason of any such penalty, the debt intended to be set off shall be pleaded in bar," &c. ; there...

Selwyn's Abridgment of the Law of Nisi Prius

William Selwyn - 1861 - 840 σελίδες
...against each other —notwithstanding that such debts are deemed in law to be of a different nature; unless in cases where either of the said debts shall...action hath been or shall be brought, or the debt where Parke, B., expressed a doubt (a) Le yeux V. Berkeley, 5 QB 836 ; (z) Townsend v. Deacon, 3 Exch....

Reports of Cases Argued and Determined in the English Courts of ..., Τόμος 62

Great Britain. Courts - 1865 - 664 σελίδες
...from the conclusion to which the court there came. The words of the statute of set-off(b) are, that, "in all cases where either the debt for which the...hath accrued, or shall accrue, by reason of any such penalty,(c?) the debt intended to be set off shall be pleaded in bar; in which plea shall be shown...

A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - 1869 - 800 σελίδες
...the general issue, notwithstanding that such debts are deemed in law to be ot a different nature ; unless in cases where either of the said debts shall...intended to be set against the same hath accrued or ehall accrue, by reason of any such penalty, the debt intended to be set-off shall be pleaded in bar,...

The Statutes, Τόμος 2;Τόμος 1236

Great Britain - 1871 - 806 σελίδες
...to be of a different nature, unless in cases where either of the said debts Exception shall accrew by reason of a penalty contained in any bond or specialty...the debt intended to be set against the same hath accrewed or shall accrew by reason of any such penalty, the délit intended to be set off shall be...




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