A Treatise on Pleading, and Parties to Actions, with Second and Third Volumes, Containing Precedents of Pleadings, and an Appendix of Forms Adapted to the Recent Pleading and Other Rules: With Practical Notes ...

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G. & C. Merriam, 1872 - Forms (Law)

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Page 560 - 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...
Page 315 - ... as if no such variance had appeared; and in case such trial shall be had at nisi prius...
Page 12 - ... choice, allow the name of the surviving or new assignee or assignees to be substituted in the place of the former ; and such action or suit shall be prosecuted in the name or names of the said surviving or new assignee or assignees, in the same manner as if he or they had originally commenced the same.
Page 68 - ... in his lifetime to another, in respect of his property, real or personal, so as such injury shall have been committed within six calendar months before such person's death...
Page 561 - ... judgment shall be entered for no more than shall appear to be truly and justly due to the plaintiff, after one debt being set against the other as aforesaid.
Page 340 - Deed, to recover a reasonable Satisfaction for the Lands. Tenements or Hereditaments, held or occupied by the Defendant or Defendants, in an Action on the Case, for the Use and Occupation of what was so held or enjoyed...
Page 195 - In a declaration on the case, one count stated that the plaintiff, at the request of the defendant, had caused to be delivered to him certain...
Page 563 - ... before the credit given to or the debt contracted by him ; and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively ; and every debt or demand hereby made...
Page 229 - The principal rule as to the mode of stating the facts is, that they must be set forth with certainty, by which term is signified a clear and distinct statement of the facts which constitute the cause of action or ground of defense, so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give judgment.
Page 314 - Prius record to be amended whore there was a variance '' between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record;

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