| Great Britain. Court of Common Pleas, John Scott - 1842 - 830 σελίδες
...out ' by statute' on the first plea." — He submitted that the several statutes allowing defendants to plead the general issue and give the special matter in evidence, intended to give them a boon, which it was not competent to the judges by rule of court to deprive... | |
| Archibald John Stephens - 1842 - 998 σελίδες
...other persons acting in their aid, and by their command concerning their offices, the defendant may plead the general issue, and give the special matter in evidence. A constable can justify under the general issue, although he acted without a warrant, provided a reasonable... | |
| Jeremy Bentham - 1840 - 362 σελίδες
...every instance in which, by a clause in an act of parliament, a licence has been given to the defendant to plead the general issue, and give the special matter in evidence, — the delay and expense attached to special pleading has, by the literal import of the words, been... | |
| Great Britain. Courts, Frederick Augustus Carrington, Joshua Ryland Marshman - 1843 - 750 σελίδες
...afforded to constables who have done any thing touching or concerning their office being empowered to plead the general issue and give the special matter in evidence. But I think that here evidence of the special matter may be given in mitigation of damages, because... | |
| Henry Roscoe - 1844 - 910 σελίδες
...committed, and not elsewhere ; and it shall be lawful to and for all and every person and persons aforesaid, to plead the general issue, and give the special matter in evidence. By 43 Oeo. 3. c. 85. s. 6., the benefit of the above act is extended to all persons holding or exercising... | |
| Joseph Chitty - 1844 - 780 σελίδες
...empowering the judges to make new rules in pleading, contains (sect. I,) an express reservation of the right to plead the general issue and give the special matter in evidence where authorized by itatute, and Keg. Gen. Hil. T. 4 W. 4, repeats that exception; and accordingly,... | |
| Great Britain. Bail Court - 1845 - 900 σελίδες
...section of the 14 Geo. 3, c. 78, which enables a party sued for anything done in pursuance of that act, to plead the general issue, and give the special matter in evidence (6). The distinction between (a) Enacts, " that so much of any clause or provision in any act or acts... | |
| Nicholas Hill, New York (State). Supreme Court - 1845 - 726 σελίδες
...justified as a constable, by virtue of an execution, under the statute which allows public officers to plead the general issue and give the special matter in evidence. The jury having found for the plaintiff in respect to one parcel of the property, and for the defendant... | |
| William Selwyn - 1845 - 890 σελίδες
..."by statute," cannot be pleaded together with special pleas (d). Where a statute enables defendants to plead the general issue and give the special matter in evidence, the plea of Not Guilty, so pleaded, is not affected by the new rules of Hil. 4 Will. IV. but has the... | |
| Francis Hildyard - 1845 - 894 σελίδες
...action. 1. The remedy against the incorporated companies is by action of debt or covenant. They may plead the general issue and give the special matter in evidence. (a) Ante, p. 530. (6) 6 Geo. 1, c. 18. (c) By the 39 Geo. 3, c. 83, the Globe Insurance Company was incorporated,... | |
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