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" II. — In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est factum shall operate as 'a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make... "
The Common Law Procedure Acts of 1852 & 1854, with Notes Containing All the ... - Sivu 513
tekijä(t) William Francis Finlason - 1855 - 604 sivua
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Nide 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835 - 814 sivua
...In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est Non ett fccum. factum shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable. '2. The plea of " nil debet" shall not be allowed in any NU debei. action. 1334. General issue in debt....

The Practice of the Law in All Its Departments: With a View of ..., Nide 3

Joseph Chitty - 1835 - 1032 sivua
...interested." II. In Covenant and Debt. 1 . In debt on specialty or covenant, the plea of non est/acturn shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable. 2. The plea of " nil debet" shall not be allowed in any action. 3. In actions of debt on simple contract,...

The Law-dictionary, Explaining the Rise, Progress, and Present State of the ...

Thomas Edlyne Tomlins - 1835 - 862 sivua
...HT 4 Wm. 4. in debt on specialty or covenant, the plea of non est factum shall operate as a denial r the See Com. Dig. tit. Pkading ; and tlu's Diet. tit. Bond, Deed, Pleading. NON EST INVENTUS. The sheriff's...

Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1835 - 1150 sivua
...IN COVENANT AND DEBT. 1. In debt on specialty, or covenant, the plea of non estfactum Effec, otnm nt shall operate as a denial of the execution of the deed in point of /af'"m183*. REGUL* GENERALES. Nil debel abo. liihed. Pleai in debt on contract. How to |il. il in other...

A Practical Treatise of the Law of Vendors and Purchasers of Chattels ...

Thomas Charles Morton - 1836 - 526 sivua
...rule of pleading is similar, if the action, instead of assumpsit, be in debt. It is declared, that " the plea of nil debet "shall not be allowed in any action." But nil debuit is allowable : for, " in all actions on simple contracts (other than on bills, " &c.)...

Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - 1836 - 850 sivua
...in support of the plea. — The second rule («), under the head of " covenant and debt," is, that the plea of nil debet shall not be allowed in any action. The plea of nil debet is in this form — " that the defendant does not owe the said sum above demanded."...

The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 720 sivua
...statutory rules of pleading", it is declared that " in to- "^'; venant, the plea of non est factum shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable." In this action, therefore, the defendant must specially controvert the deed, by shewing that it is...

A Treatise on the Parties to Actions, and on Pleading: With Second ..., Nide 1

Joseph Chitty, Thomas Chitty - 1837 - 860 sivua
...xnn at " 1. In debt on specialty or covenant, the plea of »ion eetfactvm shall opercSn.'ídered ate as a denial of the execution of the deed in point of fact only (/) ; and all "ending 7the other defences shall be specially pleaded, including matters which make the thedeMVand...

The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 942 sivua
...inadmissible, by one of the late statutory rules of plead- missory notes, ing d ; and by another of them e , " the plea of nil debet shall not be allowed in any action." In actions therefore, on bills or notes, the de- i n denial, or fendant by his plea must deny specially...

Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - 1838 - 760 sivua
...r. II, s. 1, provides, that, " in debt on specialty, or covenant, the plea 1837. of non est factum shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable." The rest of the court concurring — Rule refused (6). (a) See Blandy v. Herbert, 9 B. & C. 396. WILLIAM...




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