A Manual of Equity Pleading and Practice
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A Manual of Equity Pleading and Practice

A Manual of Equity Pleading and Practice


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...must aver that such account was just and fair. Schwartz v. Wendell, Har. Ch. 395. When the defence is based upon some fact which has arisen after the filing of the bill, and before other defence is put in, it can be taken advantage of by plea, but if the defence has been made, it must be taken advantage of by supplemental or cross bill. Payne v. Beach, 2 Tenn. Ch. 708; Miller v. Fenton, II Paige 18; Lane v. Smith, I4 Beav. 49; Wallace v. Dunning, Walk. Ch. 416. It is within the discretion of the court to permit a plea to be amended when the application for the purpose shows mistake, inadvertence, etc. Freeman v. Michigan Bank, Har. Ch. 311; Greene v. Harris, II R. I. 5. We have seen that a demurrer admits, for purposes of the argument, that all the facts well pleaded in the bill are true, but introduces no new fact. The purpose of the plea on the other hand, is to call the attention of the court to a fact not appearing on the face of the bill, which is a bar to the plaintiff's action; but while the pleader may deny any allegation of fact made in the bill, yet the plea admits all the allegations of the bill, which it does not by averment deny. It follows, therefore, that when there are any allegations of fact in the bill inconsistent with the plea, such allegations must be negatived by specific averments in the plea, otherwise the pleader would by his plea aver a fact and by the same plea constructively, but none the less positively, admit the truth of an allegation in the bill wholly at variance with his averment. It is therefore necessary for the pleader in drawing his plea, to examine the bill and to negative, by positive averment, every allegation contained therein which is inconsistent with the truth of the plea. Formerly, one of the...


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Product Details
  • ISBN-13: 9781154778076
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 78
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 115477807X
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 154 gr


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