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" ... shall be pleaded in bar, in which plea shall be shown how much is truly and justly due on either side ; and in case the plaintiff shall recover in any such action or suit, judgment shall be entered for no more than shall appear to be truly and justly... "
A Digest of the Laws of England - Σελίδα 334
των Sir John Comyns - 1822
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The Practice of the Courts of King's Bench, and Common Pleas, in ..., Τόμος 1

William Tidd - 1828 - 806 σελίδες
...how much " is truly and justly due on either side : and in case the plaintiff shall re' .',' cover in any such action or suit, judgment shall be entered..." than shall appear to be truly and justly due to him, after one debt be• ' ing, set against the other as aforesaid ' ." If an account has been settled,...

The Jamaica Magistrate's and Vestryman's Assistant

John [Lunan (Jr.]) - 1828 - 334 σελίδες
...account it became due, and debts on bond or specialty shall be pleaded in bar; it" plaintiff recover, judgment shall be entered for no more than shall appear to be justly due after one debt is set against the other 10 Geo. 3,cl Between party and party inhabiting...

The Statutes at Large: 1827-1835

Nova Scotia - 1835 - 490 σελίδες
...due on either side; and in case the Plaintiff shall recover ^„Va««"' in any such Action or .suii, judgment shall be entered for no more than shall appear to be truly and justly due to the Plajntiff, after one debt being set against another as aforesaid. HI. And be it further enacted, That,...

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

Joseph Chitty, Thomas Chitty - 1837 - 860 σελίδες
...such penalty, the debt intended to be set off shall be pleaded in bar, in which plea shall be shown how much is truly and justly due on either side ;...one debt being set against the other as aforesaid." These statutes were passed for the benefit of defendants, and they are not imperative, so that a defendant...

Precedents in Pleading: With Copious Notes on Practice, Pleading ..., Τόμος 1

Joseph Chitty, Tompson Chitty - 1839 - 564 σελίδες
...such penalty, the d ebt intended to be set oft" shall be pleaded in bar, in which plea shall be shown ho-w much is truly and justly due on either side;...one debt being set against the other as aforesaid." See in general as to the law of sot-off, Selw. NP 8th ed. 154, 573; Stark. Ev. 2d ed. "Set-off;" Chit....

A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - 1840 - 1016 σελίδες
...shewn how much is truly and justly due on either side ; and in case the plaintiff shall recover in such action or suit, judgment shall be entered for...more than shall appear to be truly and justly due to him, after one debt being set against the other as aforesaid." It is observable from the words of the...

The Penny Cyclopædia of the Society for the Diffusion of Useful ..., Τόμος 21

1841 - 598 σελίδες
...penalty, the debt intended to be set off shall be pleaded in bar; in which case plea shall be shown how much is truly and justly due on either side: and...more than shall appear to be truly and justly due to him, after one debt being set off against the other as aforesaid.' Upon these enactments is founded...

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
...same, hath 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...one debt being set against the other, as aforesaid." It appears to me that the amount which is to be considered as truly and justly due in this case, is...

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

Joseph Chitty - 1847 - 1002 σελίδες
...is truly and justly due on either side; and in case the plaintiff shall recover in any such action, judgment shall be entered for no more than shall appear...one debt being set against the other as aforesaid; Stark. Ev. A set-off can only comprise liquidated damages; a liability on a guarantee, ( Mw/ry v. ln/;lis,...

Reports of Cases Argued and Determined in the Queen's Bench ..., Τόμος 4

Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - 1848 - 954 σελίδες
...amended and made perpetual by the 8 Geo. 2, c. 24, ss. 4 and 5. The expression in the last act, that " in case the plaintiff shall recover in any such action...justly due to the plaintiff, after one debt being set-off against the other," &c., imports that (a) 10 Bing. 436 ; 8. C. 4 M. (d) 6 B. & C 479 ; SC 9...




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