 | Ontario. Court of Common Pleas - 1852 - عدد الصفحات: 600
...should be pleaded specially, as in actions of assumpsit, as to which this rule is that all such matters, including not only those by way of discharge, but...point of law, on the ground of fraud or otherwise, should be specially pleaded.—Woodhouse v. Swift, 7 C. & P. 310 ; Ashmore v. Hardy, Ib. 501 ; Howell... | |
 | Edward Wise - 1852 - عدد الصفحات: 394
...16 M. & W. 817 ; and see now 12 & 13 Viet. c. 106, s. 202). But by the express words of the rule, " in every species of assumpsit, all matters in confession...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,... | |
 | John Barnard Byles - 1853 - عدد الصفحات: 664
...avoidance must be specially pleaded, 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, ex gr., infancy, coverture, release, payment, performance, illegality of consideration, either by statute... | |
 | Henry Thurstan Holland - 1853 - عدد الصفحات: 408
...this rule, Timmis v. Platt, 2 M. &W. 720, per Parks, B. 8. 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 (a), on the ground of fraud or otherwise,... | |
 | 1853 - عدد الصفحات: 556
...by the defendant a receipt to the use of the plaintiff. 8. In every species of actions on contract, all matters in confession and avoidance, including not only those by way of discharge, hut those which show the transaction to be either void or voidable in point of law, on the ground of... | |
 | 1854 - عدد الصفحات: 572
...or notice of dishonour of the bill or note. 8. In every species of actions on contract all mattere in confession and avoidance, including not only those...of fraud or otherwise, shall be specially pleaded : exempli gratia, infancy, coverture, release, payment, performance, illegality of consideration, either... | |
 | Great Britain. Courts - 1854 - عدد الصفحات: 814
...Rules, Hil. 4 W. 4, tit. Pleadings in particular Actions, I. Assump- I sit, s. 3, 5 B. & Ad. viii. : "In every species of assumpsit, all matters in confession...transaction to be either void or voidable in point of law," — " shall be specially pleaded. Ex. gr. : infancy — coverture — release — payment — performance... | |
 | 1854 - عدد الصفحات: 836
...matters of confession or avoidance, including not only those by way of discharge, but those that show the transaction to be either void or voidable in point...of fraud or otherwise, shall be specially pleaded, eg infancy, coverture, release, payment, performance, illegality of consideration either by Statute... | |
 | George Atkinson - 1854 - عدد الصفحات: 360
...existence of those facts which make such receipt by the defendant a receipt to the use of the plaintifF. k All matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be a Rex v. Leilh, supra. b Fair v. M'lver, 16 Enst, 130. c See Wilkins v.... | |
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In every species of assumpsit, 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 be specially... 
