Law Library Volume 19
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Law Library Volume 19

Law Library Volume 19


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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. 1838 edition. Excerpt: ... that part which is necessary to entitle him to recover.(e) If he states what is impertinent, it is an injury to the other party, and may be struck out and costs allowed, upon motion. I re-member a case, where, in an action of one covenant, the whole ofa very long deed was set forth. The court referred it to the master, and all was struck out except the covenant on which the action was brought, and costs paid to the amount of 1001. When I say that the plaintiff needs only set forth that part of a deed on which his action is founded, I do not mean to say that even that is necessary. He is not hound to set forth the material parts in letters and words. It will be sutficient to state the substance and legal effect. That is shorter, and not liable to misrecitals, and literal mistakes. Here that method might have been followed. It certainly was not necessary to allege this part of the lease that relates to the time of payment, in order to maintain the action. But, since it has been alleged, it was necessary to prove it. The distinction is between that which may be rejected as surplusage, (which might have been struck out on n1otion, ) and what cannot. Where the declaration containsimpertinent matter, foreign to the cause, and which the master, on a reference to him, would strike out, (irrelevant covenants, for instance, ) that will E, 3, 7 1 be rejected by the court, and need' not be proved. But, if "' the very groundof the action is misstated, as where you undertake to recite that part of a deed on which the action is founded, and it is mis-recited," that will be fatal. For then, the case declared is different from that which is proved, and you may recover secundum allegata etprobata. This will reconcile all the cases. ln...


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Product Details
  • ISBN-13: 9781230036991
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 320
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1230036997
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 572 gr


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