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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 16

The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 16


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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. 1899 edition. Excerpt: ...N. Cas. 248, 35 E. C. L. 107; Woodward v. Robinson, 1 Stra. 302. Tender.--Where the defendant admils a portion of the sum sued for to be due it is not necessary to make a formal tender of the amount, but the plaintiff may take judgment for the sum admitted by nil dicit. Williams v. Harris, 2 How. (Miss.) 627. In U. S. v. Dashiel, 4 Wall. (U. S.) 182, which was an action on the official bond of a paymaster in the United States army, a plea set up that a part of the money sued for was stolen from the defendant and insisted that he was liable only for the remainder. Nelson, J., in delivering the opinion said: "This plea in answer is but a notice of special matter by way of set-off, or abatement of the amount claimed against the defendants. It went only to part of the cause of action To have constituted it a plea in bar of the action the amount beyond the sum lost should have been tendered and brought into court, setting up the theft as to the balance." 1. Beview of Authorities.--The conflict and confusion in the authorities extends both to the right of the defendant to file such a plea and to the effect of the plaintiff's course when such a plea is filed. In Gould's PI. (5th ed.), c. 6, g 105, the rule is laid down that if a plea is confined to a part of the declaration, and is a good answer to that part, " the plea is void, and of course considered as no plea. The plaintiff therefore should not, in such a case, demur, but should sign judgment as by nil dicil, that is, as for want of a plea. For such a plea, being considered in law as no plea, is a discontinuance on the defendant's part." Citing I Saund. 28, note 3; 1 Salk. 179, 180; I Stra. 302; 2 Ld. Raym. 841; 7 Mod. 124. Chitty lays down the rule that if a plea is an...


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Product Details
  • ISBN-13: 9781234047320
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 748
  • Spine Width: 38 mm
  • Width: 189 mm
  • ISBN-10: 1234047322
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1311 gr


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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 16
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