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" that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other... "
A Digest of the Laws of England - Σελίδα 332
των Sir John Comyns - 1822
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A Treatise on the Law of Damages

John Dawson Mayne - 1872 - 564 σελίδες
...& W. 507. (y) Pearson v. Lemaitre, 5 M. & G. 700. (z) May T. Brown, 3 B. & C. 113. 8 G. II. c. 24. be given in evidence upon the general issue, or pleaded in bar as the nature of the case shall require." This statute was made perpetual by 8 Gr. II. c. 24, which further enacted, to remove...

The American Reports: Containing All Decisions of General Interest ..., Τόμος 41

Isaac Grant Thompson - 1883 - 958 σελίδες
...the plaintiff and defendant, or if either party sue or be sued, as executor or administrator, when there are mutual debts between the testator or intestate...as at the time of his pleading the general issue, when any such debt of the plaintiff, his testator or intestate, is intended to be inserted or given...

The American and English Encyclopedia of Law, Τόμος 22

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1120 σελίδες
...ch. 22, § 13, that the debts which could be set off under the statute, might be given in evidence on the general issue, or pleaded in bar, as the nature of the case should require. It was, in decisions under this statute, said that if, at the time of action brought,...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 142

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1894 - 814 σελίδες
...chapter 22, section 13, that " where there are mutual debts between the plaintiff and defendant, * * * one debt may be set against the other, and such matter...issue, or pleaded in bar, as the nature of the case shall require, so as at the tinio of his pleading the general issue, where any such debt of the defendant...

Cases on Procedure, Annotated: Common Law Pleading

Edson Read Sunderland - 1914 - 860 σελίδες
...persons,'' and the section reads as follows: "And be it further enacted by the authority aforesaid, that where there are mutual debts between the plaintiff...issue, or pleaded in bar, as the nature of the case shall require, so as at the time of his pleading the general issue, where any such debt of the plaintiff,...

A Selection of Cases and Other Authorities on Civil Procedure in Actions at Law

Austin Wakeman Scott - 1919 - 770 σελίδες
...SECTION 13 (1729). [16 Statutes at Large, 53.] AND be it further enacted by the authority aforesaid, that where there are mutual debts between the plaintiff...issue, or pleaded in bar, as the nature of the case shall require, so as at the time of his pleading the general issue, where any such debt of the plaintiff,...

Handbook of Common-law Pleading

Benjamin Jonson Shipman - 1923 - 686 σελίδες
...court of equity. To remedy this inconvenience, it was enacted by the statute of 2 Geo. II, c. 22, § 13, 'that where there are mutual debts between the...issue, or pleaded in bar, as the nature of the case shall require, so as at the time of pleading the general issue, where any such debt of the plaintiff,...

Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 σελίδες
...232], STATUTE 2 GEORGE II, c. 22 (1729).1 XIII. And be it further enacted by the authority aforesaid, That where there are mutual debts between the plaintiff...issue, or pleaded in bar, as the nature of the case shall require, so as at the time of his pleading the general issue, where any such debt of the plaintiff,...

Reports of Cases Argued and Determined in the Court of the Queen's ..., Τόμος 3

1886 - 756 σελίδες
...may VOL. III. MI. R. II be set off against the other, and such matter may be given rn evidence under the general issue or pleaded in bar as the nature of the case shall require.'' By 8 Geo. II. c. 24 ss. 4 & 5, the former statute was made perpetual, and it was required...

Civil Procedure of the Trial Court in Historical Perspective

Robert Wyness Millar - 2005 - 550 σελίδες
...English statute of I729,1 it was provided that in case of "mutual debts" between plaintiff and defendant, "one debt may be set against the other, and such matter...issue, or pleaded in bar, as the nature of the case shall require," under the restriction that to be allowable upon the general issue, notice of the set-off...
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