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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 Queen's Bench ..., Teil 145,Band 1

Great Britain. Bail Court - 1845 - 1144 Seiten
...shewed cause. The rule of II. T., 4 Wm. 4, tit. "Case," is, that in actions on the case the pica of not guilty shall operate as a denial only of the breach...defendant, and not of the facts stated in the inducement. Taverner v. Little (a), is an authority expressly in point ; there, the declaration alleged that, "...
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The Law Review and Quarterly Journal of British and Foreign ..., Band 2

1845 - 532 Seiten
...manifest. In actions on the case, according to the pleading rules, the plea of " not guilty " operates "as a denial only of the breach of duty or wrongful...alleged to have been committed by the defendant." The action of seduction proceeds upon the injury alleged to be sustained by the plaintiff, from the...
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The Law Review and Quarterly Journal of British and Foreign ..., Band 2

1845 - 542 Seiten
...manifest. In actions on the case, according to the pleading rules, the plea of " not guilty " operates "as a denial only of the breach of duty or wrongful...alleged to have been committed by the defendant." The action of seduction proceeds upon the injury alleged to be sustained by the plaintiff, from the...
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The New-York Legal Observer, Band 3

Samuel Owen - 1845 - 434 Seiten
...support of the plea. — The rules of pleadintr state that not guilty shall operate as a denial only of breach of duty, or wrongful act alleged to have been committed by the defendant, and not of l he facts stated in the inducement. The allegation of the daughter being the servant of the plaintiff...
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - 1845 - 1174 Seiten
...denial of the detention of the goods by the defendant, but not of the plaintiff's property therein, and no other defence than such denial shall be admissible under that plea. IV.— In Case. 1. In actions on the case, the plea of not guilty shall operate as a denial only of...
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The Law of Landlord and Tenant: With All the Requisite Forms, Including the ...

John Frederick Archbold - 1846 - 504 Seiten
...upon the country, &c. Evidencc. By RGH 4 W. 4, pt. 2, s. 4, " In actions on the case, the plea of Not Guilty shall operate as a denial only of the breach...plea ; all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration," Under this plea, therefore, the plaintiff...
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1854 - 1046 Seiten
...denial of the detention of the goods by the defendant, but not of the plaintiff's property therein ; and no other defence than such denial shall be admissible under that plea. 16. In actions for torts, the plea of not guilty shall Not guilty in operate as a denial only of the...
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Precedents in Pleading: With Copious Notes on Pleading, Practice ..., Bände 1-2

Joseph Chitty - 1847 - 1002 Seiten
...right and the invasion of it, and not the former ; or, according to the words of the new rules, it " shall operate as a denial only of the breach of duty...defendant, and not of the facts stated in the inducement." The words " wrongful act" mean only the act which is asserted in the declaration to be wrongful, and...
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The Practice in Civil Actions and Proceedings at Law in Massachusetts: With ...

H. G. O. COLBY - 1848 - 550 Seiten
...necessary for you to prove." The English rule is as follows, viz : In actions on the case, the plea of not guilty shall operate as a denial only of the breach...the defendant, and not of the facts stated in the indictment, and no other defence than such denial shall be admissible under that plea ; all other pleas...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1848 - 1170 Seiten
...New Rules, applicable to actions on the case, are, " The plea of not guilty shall operate as a denial of the breach of duty or wrongful act alleged to have been committed by the defendant." The question then is, what is the wrongful act here? Looking at the words of the declaration, it might...
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