| Herbert Broom - 1845 - 544 sivua
...plaintiff, but neglected to pay, except interest, which he paid up to a day within six years ; the defendant pleaded that the cause of action did not accrue within six years, and this plea was held sufficient on demurrer, for the cause of action was the principal money due,... | |
| Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 890 sivua
...habeas corpus, and removed the cause into BR, where the plaintiff declared de novo; and the defendant pleaded, that the cause of action did not accrue within six years before the teste of the habeas corpus; this was held to be a good plea; but that the plaintiff might reply the... | |
| Great Britain. Bail Court - 1849 - 876 sivua
...replied the latitat returned, with continuances to connect it with the bill; Beardmore v. Rattenbury (c). If the defendant had pleaded that the cause of action...alleged, that the cause of action accrued within six years before the commencement of the suit ; and the plaintiff must then, as a matter of evidence, have... | |
| Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - 1849 - 868 sivua
...replied the latitat returned, with continuances to connect it with the bill; Beardmore v. Rattenbury (c). If the defendant had pleaded that the cause of action...necessary nor proper ; and in proceedings in the Common Fleas, or by original writ, the plea always was in the latter form ; and the replication alleged, that... | |
| Joseph Chitty - 1851 - 900 sivua
...the »tatute of limitations had been pleaded, either that the defendant did not undertake, or that the cause of action did not accrue, within six years " before the exhibiting of the plaintiff's bill," and the plaintiff could prove a promise or acknowledgment within... | |
| John Simcoe Saunders - 1851 - 776 sivua
...form in 3 Ch. PI. 440, 7th edit.; 5 B. & A. 453); but if the deft, in his plea aver that the causes of action did not accrue within six years "before the commencement of tho suit," a denial of the plea seems sufficient (5 B. & A. 452 ; 1 D. & R. 27). The above is the proper... | |
| Francis Towers Streeten, Henry John Hodgson - 1852 - 818 sivua
...served the same day, and the defendant duly appeared to it ; theplaintiff declared, and the defendant pleaded that the cause of action did not accrue within six years next before the commencement of the suit The alias writ of summons was not in fact returned or entered... | |
| John Barnard Byles - 1853 - 664 sivua
...Styles's R. 156, AD 1649 ; and see Dacy v. Clinch, 1 Sid. 63. As the form of the plea now is, that the action did not accrue within six years before the commencement of the suit, it is not proper to reply the writ, but to traverse the plea and give the writ in evidence by producing... | |
| Ireland. High Court of Chancery - 1854 - 730 sivua
...exchange, drawn by J. Dawson in his lifetime and accepted by the defendant. To this the defendant has pleaded, that the cause of action did not accrue within six years next before the commencement of this 711. Queen,s Bench U \WSON " NASH. April 24. ET 1852. suit; the... | |
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