 | William Tidd - Civil procedure - 1837 - 720 pages
...species of assumpsit, it is declared by another statutory rule of pleading a, that " all matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise... | |
 | Great Britain. Court of King's Bench - Civil procedure - 1837 - 524 pages
...of <e) 1 Har. & Wol. 61 ; 2 Ad. & £11.696 ; 4 Nev. &c Man. 505. 206 TRINITY TERM, 183Ü. HAYSELDEN discharge, but those which show the transaction to be either void or voidable Xing'* Bmeh. in point of law, on the ground of fraud or otherwise, must be specially pleaded." One... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1837 - 964 pages
...trial. The rule of HT, 4 Will. 4, R. I, s. 3, is that " in every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but which shew the transaction to be either void or voidable in point of law, on the ground of fraud or... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1838 - 828 pages
...suing is a part of the contract, then the rule of HT 4 Will. 4, Assumpsit, 3, says : " All matters in confession and avoidance, including not only those...of fraud or otherwise, shall be specially pleaded." Every £«*• of Pleat, statutable illegality must be pleaded : Barneit v. Glos- ' sop (a). In debt,... | |
 | Samuel Bealey Harrison, Frederic Edwards - Nisi prius - 1838 - 908 pages
...ordered that in every species of assumpsit all matters in confession and avoidance, including not only those which show the transaction to be either void...of fraud or otherwise, shall be specially pleaded ; — as unseaworthiness. Upon a question concerning the sea-worthiness of a ship, after the evidence... | |
 | William Selwyn - Nisi prius - 1838 - 802 pages
...or making, or indorsing, or accepting, or presenting, or notice of dishonour of the bill or note. 3. In every species of assumpsit, all matters of confession...not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | John Frederick Archbold - Civil procedure - 1838 - 682 pages
...or no. tice of dishonor of the bill or note." 3dly. " In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | Law - 1839 - 860 pages
...plea of nonassumpsit shall be inadmissible" (I) ; and " in every species of assumpsit all matters in confession and avoidance including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
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In every species of actions on contract, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of Law, on the ground of fraud or otherwise, shall... 
