 | John Williams, Sir Edmund Saunders - 1871 - 756 sivua
...Rule, H. 4 W. 4. Pleading II. 3 Bing. N. 0. 824. Finleyson v. M'Kenzie. By R. 11, TT 1853 (Pleading), the plea of nil debet shall not be allowed in any action. The Rule of W. 4. No. 2. contained a rule in the very same terms as the above. But it was held not... | |
 | Joseph Chitty - 1872 - 900 sivua
...interested.' *II. In Covenant and Debt. "1. In debt on specialty or covenant, the plea of non estfactum shall operate as a denial of the execution of the deed in point of fact only (7) ; and all other defences shall be specially pleaded, including matters which make the deed absolutely... | |
 | British Guiana - 1873 - 660 sivua
...Bonds and Covenants, the general issue shall operate as a denial of the execution of the instrument in point of fact only, and all other defences shall...specially pleaded, including matters which make the instrument absolutely void, u well as those which make it voidable. 5. In all actions on Contract,... | |
 | Great Britain, Leonard Shelford, Thomas Henry Carson - 1874 - 940 sivua
...(amongst other things) provided, that in actions on specialties and covenants the plea of non est factiim shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable. The plea of nil debet shall not be allowed in any action. (1 Ell. & Bl. App. XXX.) Devisee* to be liable... | |
 | Florida. Supreme Court - 1887 - 738 sivua
...must be specially pleaded. 67. In actions on specialties and covenants, 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. Illustrations of the rale. "Never was indebted," plea of, to what actions applicable. Non-assumpsit,... | |
 | Archibald Brown - 1874 - 510 sivua
...specialties and covenants, the plea of non est faclum shall operate as a denial of tho execution of tho deed in point of fact only, and all other defences...absolutely void as well as those which make it voidable. NON EST INVENTOS (he is nnt found). When a writ is directed to the sheriff commanding him to arrest... | |
 | Leonard Shelford, Great Britain, Thomas Henry Carson - 1874 - 936 sivua
...(amongst other things) provided, that in actions on specialties and covenants the plea of twn ctt fartwm shall operate as a denial of the execution of the deed in jxtint of fact only, and all other defences shall be socially pleaded, including matters which make... | |
 | Herbert Broom, Edward Alfred Hadley - 1875 - 858 sivua
...be pleaded ( d ). 3. lu an action on a specialty or covenant, the plea of "non estfactum" operates as a denial of the execution of the deed in point of fact only, and any other defence must be specially pleaded, including matters which make the deed absolutely void... | |
 | Victoria - 1875 - 926 sivua
...plea of non pieo of nm at estfactum shall operate as a denial of the execution of the deed m-factum' or in the event of the plaintiff being unable or unwilling to give suc R. PI. 10. including matters which make the .deed absolutely void as well as those which make it voidable.... | |
 | Joseph Chitty, Henry Greening - 1876 - 992 sivua
...prove the same.] Non est Factum. In actions on specialties and covenants, the plea of non est factnm shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable. R. 10. And by r. 11, "all matters in confession and avoidance shall be pleaded specially as aliove... | |
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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... 
