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" In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement... "
Reports of Cases Argued and Determined in the Court of Exchequer: With a ... - Seite 206
von Francis Stack Murphy, Edwin Tyrrell Hurlstone, Great Britain. Court of Exchequer - 1838 - 390 Seiten
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 2

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1836 - 900 Seiten
...not be a denial of " facts stated in the inducement," which words explain and limit the preceding, " denial only of the breach of duty, or wrongful act alleged to have been committed by the defendant." [Patteson J. You should take all together : what do you say of the second rule (a) as to actions on...
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Reports of Argued and Determined in the Courts of Exchequer and ..., Band 2

Great Britain. Court of Exchequer - 1836 - 816 Seiten
...a wrongful act under the general issue. The rule says, " In an action on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act committed by the defendant." In trover, the conversion is the " wrongful act;" and the general issue...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 720 Seiten
...late statutory rule of pleading e , it is declared that " in actions on r the case, the plea of not guilty shall operate as a denial only of the breach...that plea: all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration, and all matters in confession and avoidance...
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Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - 1837 - 856 Seiten
...title Case, in pleadings in particular actions (a), were, " In actions on the case, the plea of not guilty shall operate as a denial only of the breach...and not of the facts stated in the inducement;" and in the instances given, "in an action of slander of the plaintiff in liis office, profession, or trade,...
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Band 1

Great Britain. Court of King's Bench - 1837 - 886 Seiten
...general issue. The 4th rule of RGHT 4 Will. 4, lays down, that " in actions on the case the pica of not guilty shall operate as a denial only of the breach...alleged to have been committed by the defendant;" and then one of the instances given is, that " in an action of slander of the plaintiff in his office,...
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1837 - 1338 Seiten
...of the conversion alleged. By the new rules the plea of not guilty, in actions on the case, operates as a denial only of the breach of duty or wrongful...alleged to have been committed by the defendant; and under the head of examples is given the action of trover, in which it is said to operate as a denial...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 942 Seiten
...thereof, in actions upon contracts, to a direct denial of the contract •; and in actions for wrongs, to a denial only of the breach of duty, or wrongful act alleged to have been committed by the defendant 11 ; making him plead specially in denial of any other material fact stated in the declaration, and...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Band 1

Joseph Chitty, Thomas Chitty - 1837 - 860 Seiten
...the detention of the gooda by the defendant, but not of the plaintiff's property therein, and that no other defence than such denial shall be admissible under that plea, consequently the defendant must plead specially almost every ground of defence, as that the goods were...
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A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions

John Frederick Archbold - 1838 - 682 Seiten
...other defence than such denial shall be acJmissible under that plea." IV. In Case, "the plea of not guilty shall operate as a denial only of the breach...than such denial shall be admissible under that plea ; a!l other pleas in denial shall take issue on some particular matter of fact alleged in the declaration....
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An Abridgment of the Law of Nisi Prius, Band 2

William Selwyn - 1838 - 838 Seiten
...Fisher, 7 B. and C. 459. the general issue, not guilty, which under the new rule HT 4 W. 4. operates as a denial only of the breach of duty or wrongful...inducement, and no other defence than such denial is admissible under that plea : all other pleas in denial must take issue on some particular matter...
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