 | Law - 1833 - 560 pages
...accepting, or presenting, or notice of dishonor of the bill or note. 3d, In every species of assumpsit, all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | Law reports, digests, etc - 1837 - 972 pages
...to operate as a denial of the sale and delivery in point of fact, and in every species of assumpsit, all matters in confession and avoidance, including...point of law, on the ground of fraud or otherwise, must be •pecially pleaded. One of the general objects of these new rules was to compel a defendant... | |
 | Law - 1832 - 504 pages
...denial of the goods sold or money lent, &c. in point of fact ; and that in every species of assumpsit all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, shall be specially pleaded. ' In... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1833 - 790 pages
...by way of " 3 • • PLEADING. discharge, but those which shew the transaction to be in assumpsit, either void or voidable in point of law, on the ground...of ^ fraud or otherwise, shall be specially pleaded ; ex. gr. abidance to be * " pleaded speimancy, coverture, release, payment, performance, illega- ciaiiy.... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1834 - 652 pages
...presenting, or notice of dishonour of the bill or note. * ' ' • 3. In every species of nssumpsti, all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded. Ex. gr. Infancy — coverture— release — payment — performance — illegality of consideration,... | |
 | Great Britain. Bail Court - Civil procedure - 1834 - 924 pages
...matters in confes- in assumpsit, sion and avoidance, including not only those by way of f es5 i on and discharge, but those which shew the transaction to...void or voidable in point of law, on the ground of dally, fraud or otherwise, shall be specially pleaded; ex. gr., infancy, coverture, release, payment,... | |
 | England, Great Britain - Justice, Administration of - 1834 - 254 pages
...accepting or presenting, or notice of dishonour of the bill or note. 3d. In every species of assumpsit, all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1834 - 1022 pages
...refused. PATTESON, J. — The new rules of pleading, of HT 4 W. 4 (a), expressly say, that all matters which shew the transaction to be either void or voidable in point of law, must be pleaded ; and among the examples is mentioned, illegality of consideration, either by statute... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 1834 - 924 pages
...by way of f ess ion and discharge, but those which shew the transaction to be a ™^ c 8 e p l e 0 _ be either void or voidable in point of law, on the ground of tialiy. fraud or otherwise, shall be specially pleaded; ex. gr. t > infancy, coverture, release, payment,... | |
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In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... 
