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" In an action on the case for a nuisance to the occupation of a house by carrying on an offensive trade, the plea of not guilty will operate as a denial only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation... "
Reports of Cases Argued and Determined in the Courts of Exchequer ... - Page 7
by Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - 1835
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The Legal Observer, Or, Journal of Jurisprudence, Volume 7

Law - 1833 - 560 pages
...trade, the ]>lea of not guilty will operate as a denial only that the defendant carried on the ulledged trade in such a way as to be a nuisance to the occupation...operate as a denial of the plaintiff's occupation of the house : in an action on the case for obstructing a right of way, such plea will operate as a...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1833 - 790 pages
...particular matter of fact alleged in the declaration. Ex. gr. In an action on the case for a nuisance to the occupation of a house by carrying on an offensive...operate as a denial of the plaintiff's occupation of the house. In an action on the case for obstructing a right of way such plea will operate as a denial...
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The Principal Statutes and Rules of Court for Reform of the ..., Page 957

England, Great Britain - Justice, Administration of - 1834 - 254 pages
...particular matter of fact alleged in the declaration. Ex. gr. In an action on the case for a nuisance to the occupation of a house by carrying on an offensive...operate as a denial of the plaintiff's occupation of the house. In an action on the case, for obstructing a right of way, such plea will operate as a...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court - Civil procedure - 1834 - 924 pages
...particular matter of fact alleged in the declaration. Ex. gr. In an action on the case for a nuisance to the occupation of a house by carrying on an offensive...operate as a denial of the plaintiff's occupation of the house. In an action on the case, for obstructing a right of way, 1834. such plea will operate...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 10

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1834 - 652 pages
...declaration. /•.':. gr. — In an action on the case for a nuisance to the occupation of a house, l>y carrying on an offensive trade, the plea of not guilty...operate as a denial of the plaintiff's occupation of the house. In an action on the case for obstructing a right of way, such plea will operate as a...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1835 - 814 pages
...particular matter of fact alleged in the declaration. Ex. gr. In an action on the case for a nuisance to the occupation of a house by carrying on an offensive...operate as a denial of the plaintiff's occupation of the house. In an action on the case, for obstructing a right of way, 1834. such plea will operate...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - Law reports, digests, etc - 1835 - 1232 pages
...3fematter of fact alleged in the declaration. Ex. gr. — In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive...operate as a denial of the plaintiff's occupation of the house. In an action on the case for obstructing a right of way, such plea will operate as a...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1835 - 816 pages
...particular matter of fact alleged in the declaration. Ex. gr. In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive...operate as a denial of the plaintiff's occupation of the house." Here, the matter excepted to is mere 1835. inducement, which, not being traversed by...
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The Practice of the Law in All Its Departments: With a View of ..., Volume 3

Joseph Chitty - Civil procedure - 1835 - 1032 pages
...the case, for a eia'cid nuisance to the occupation of a house, by carrying on an offen- this rulesive trade, the plea of not guilty will operate as a denial...operate as a denial of the plaintiff's occupation of the houseIn an action on the case for obstructing a right of way, such plea will operate as a denial...
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Reports of Argued and Determined in the Courts of Exchequer and ..., Volume 2

Great Britain. Court of Exchequer - Law reports, digests, etc - 1836 - 816 pages
...specially?] That under not guilty STANCLIFFE the defendant may shew not only that he did not commit HARDWICK. the act, but that such act was not wrongful, appears...appears from what fell from the Court in Bromley v. Coxwell(a), where Heath, J., says, " to support an action of trover there must be a positive wrongful...
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