 | Pennsylvania Bar Association - 1896 - 832 sivua
...representations, and other defences, must be specially pleaded. 50. 1469. The plea of non est factum shall operate as a denial of the execution of the...and all other defences shall be specially pleaded. 6. 1470. Where the defence of the defendant is that properly raised by the plea of liberuiu tenementum... | |
 | George Lemon Phillips - 1896 - 664 sivua
...v. Bull, 16 NY 297. 6 general issue is non est factum — " it is not his deed." Thisplea operates as a denial of the execution of the deed in point of fact only ; and all facts showing that the deed is merely voidable must be specially pleaded.1 In debt on a record, the... | |
 | Alexander Martin - 1899 - 460 sivua
...specially in confession and avoidance.7 In debt on specialty the plea of "non est factum" was declared to operate as a denial of the execution of the deed in point of i Steph. PI. 162, note 20. * Gould, PI. c. vi s. 10. 2 4 Minor, Inst. 641. 6 Gould, PI. c. vi. a. 10.... | |
 | Thomas Rolin, George Massey Long Innes, New South Wales. Supreme Court - 1903 - 850 sivua
...Partienlariof set-off and < payment. iMd.;B.Sl.: . : \ When pleas df payment ami .-<•! •..!• matters which make the deed absolutely void as well as those which make it voidable. 71- The plea of " nil debet " shall not be allowed in any action. !72- All matters in confession and... | |
 | 1908 - 1070 sivua
...shall 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 deed In point of fact only, and all other defenses shall be specially pleaded. Including matters which make the deed absolutely void, as well... | |
 | Benjamin Jonson Shipman - 1923 - 686 sivua
...the late statutory rules of pleading, it is declared that 'in 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 defenses shall be specially pleaded, including matters which make the deed absolutely void, as well... | |
 | Charles Albert Keigwin - 1926 - 896 sivua
...those terms, but abrogated the pica. Rule two, under the head of "Covenant and Debt," provides that "The plea of nil debet shall not be allowed in any action :" and rule three substitutes the plea of nunquam indebitatus in its place. Thus the whole practice,... | |
 | New Brunswick. Supreme Court - 1885 - 672 sivua
...sect, of the Com. L. Proc. Act (Consol. Statutes c. 37) it is declared that the plea of non est factum shall operate as a denial of the execution of the deed in point of fact only ; and that all other defences — including matters which make the deed absolutely void, as well as those... | |
| |
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... 
