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admission admits allegation amount answer appear applied arise assignment assumpsit averment baker bond breach called carry cause of action character circumstances claim close common law condition confession and avoidance consists contained contract contradiction count court covenant damage debt declaration defendant defendant's denial deny Describe direct distinct duty effect entered example excuse exercise existence fact further give ground hand held inducement injury instance issue judgment land Limitations manner and form material matter meaning ment mentioned namely nature necessary opposing particular perform permitted person plain plaintiff plea pleading possession present principle promise proper prove question reason record referred regarded release replevin replication rule scope seen separate simple single special plea specific traverse statement statute sues Suppose taking tender term tion tort trade trespass trespass to land true usually
Сторінка 149 - ... goods, and chattels,] in the said declaration mentioned, or any or either of them, or any part thereof, in manner and form as the said plaintiff hath above thereof complained against him.
Сторінка 107 - The last note which we shall extract relates to the operation of the plea of general issue IK in " In most of the usual actions, there U an appropriate plea, fixed by ancient usage, as the proper method of traversing the declaration, in cases where the defendant means to deny the whole or the principal part of its allegations.
Сторінка 147 - ... in himself or a third person ; in the latter case justifying as the servant and acting by the command of such third person : and by this anomalous plea the plaintiff is put to show how he has a possession in himself consistent with the freehold being in another, unless he chooses to traTerse the title set up by the plea.
Сторінка 108 - ... and says that he is not guilty of the said supposed grievances above laid to his charge, or any or either of them, or any part thereof, in manner and form as the said plaintiff hath above thereof complained against him. And of this he the said defendant puts himself upon the country, &c.
Сторінка 90 - Trinity term  it shall and may be lawful for any defendant or tenant in any action or suit, or for any plaintiff in replevin, in any court of record, with the leave of the same court, to plead as many several matters thereto, as he shall think necessary for his defence.
Сторінка 118 - Lord , was indebted to the plaintiff in pounds, for the price and value of goods then sold and delivered by the plaintiff to the defendant, at his request...
Сторінка 141 - CD, by his attorney, comes and defends the wrong and injury, when, &c., and says, that he does not owe the said sum of money above demanded, or any part thereof, in manner and form as the said AB hath above complained.
Сторінка 123 - AD eighteen , at the county of (here set forth the act or omission charged as an offense), contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California.
Сторінка 104 - States in manner and form, as the plaintiff has above alleged. And this he is ready to verify: wherefore he prays judgment, etc.
Сторінка 105 - And any attempt, by a mere colorable dispute, to obtain the opinion of the court upon a question of law which a party desires to know for his own interest or his own purposes, when there is no real and substantial controversy between those who appear as adverse parties to the suit, is an abuse which courts of justice have always reprehended, and treated as a punishable contempt of court.